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2002 Supreme(Del) 1108

High Court Of Delhi
NINA SETH - Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Respondent
Civil Writ 1224 of 2000
Decided On : 08/08/2002

Advocates Appeared:
PINKY ANAND, Sujata Kashyap

Disputed questions of fact requiring evidence and local investigation are not suitable for resolution in writ jurisdiction.

Headnote:

Encroachment - Boundary Wall Dispute - The court dismissed the writ petition, stating that the dispute over the construction of the boundary wall on the petitioner's land and the land belonging to Gaon Sabha required evidence and local investigation, and could not be addressed in writ jurisdiction.

Fact of the Case:

The petitioner claimed ownership of land and the construction of a boundary wall, while the respondent alleged encroachment on land belonging to Gaon Sabha. The court issued an order for status quo of the boundary wall, and the respondents demolished the wall on Gaon Sabha's land but not on the petitioner's land.

Finding of the Court:

The court found the writ petition not maintainable, as the disputed questions of fact required evidence and local investigation, which could not be addressed in writ jurisdiction.

Issues: Dispute over boundary wall construction and encroachment on Gaon Sabha's land, maintainability of the writ petition.

Ratio Decidendi: The court held that the disputed questions of fact required evidence and local investigation, and were not suitable for resolution in writ jurisdiction.

Final Decision: The writ petition was dismissed as not maintainable, with the observation that the petitioner could seek appropriate remedies before the Revenue authorities.

MANMOHAN SARIN

( 1 ) RULE. WITH the consent of the parties, writ petition is taken up for disposal.

( 2 ) THE petitioner has filed the present writ petition claiming to be owner of 19 bighas and 14 biswas of land, where the farm house with boundary wall has been constructed by the petitioner. It is claimed that boundary was built along the main road and there was no encroachment of public land. It is claimed that boundary wall was built in the year 1983 and farm house was also constructed in 1984. Counsel for the petitioner states that respondent is seeking to demolish the boundary wall without any prior notice. Counsel for the petitioner states that boundary wall has been built on the land belonging to the petitioner and not on public land. An order directing status quo of the boundary wall was passed on 7. 3. 2000. Thereafter the matter continued awaiting completion of service and of pleadings. Respondents have filed counter affidavit, wherein it is claimed that petitioner had concealed that there was encroachment upon the land belonging to Gaon Sabha bearing Khasra no. 38/7/2. It is claimed that the site was inspected by the patwari, who found that the petitioner was constructing a wall on the land belonging to Gaon sabha. Appropriate action for demolition was therefore taken. Counsel for the respondent states that they demolished the constructed wall on the land belonging to the Gaon Sabha However, boundary wall on the land of the petitioner has not been touched by the answering respondents. A report from the Revenue Officials has also been produced. It is also claimed that a demarcation had earlier been carried out, which the respondents claim had been accepted by the petitioner.

( 3 ) MS. PINKY Anand refutes the petitioner having accepted the factum of encroachment or the demarcation report. The construction of the wall being confined only to the land belonging to the petitioner or existing on the land of Gaon Sabha are disputed questions of fact, which require evidence and local investigation and cannot be gone into in writ jurisdiction. It would be open for the petitioner to seek her appropriate remedies before the Revenue authorities in accordance with law, if she has any grievance with regard to the demarcation carried out or wishes to assail the said demarcation. Writ petition is dismissed as not maintainable with these observations.

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