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2014 Supreme(Del) 3266
DELHI HIGH COURT
Suresh Kait, J.
Hardeep Johar & Ors. - Appellant
Versus
Govt. of NCT of Delhi Represented By: Secretary - Resopndent
W.P.(C) 4321/2014
Decided On : 10-12-2014
For the Petitioners:Mr. Sudhir Nandrajog, Senior Advocate with Ms. Tara V. Ganju, Advocate.
For the Respondents Nos. 1 to 6:Mr. Amiet Andlay, Advocate.
Demarcation carried out maliciously without notice cannot create rights for any party and cannot be used as evidence.
Headnote:
Demarcation Report - Aggrieved Petitioners - The court held that the demarcation report carried out maliciously without notice to the petitioners cannot create rights for any party and cannot be used as evidence.
Fact of the Case:
The petitioners were aggrieved with the demarcation report carried out without notice to them.
Finding of the Court:
The court found that the demarcation report cannot create rights for any party and cannot be used as evidence.
Issues: Aggrievement with the demarcation report carried out without notice.
Ratio Decidendi: Demarcation carried out maliciously without notice cannot create rights for any party and cannot be used as evidence.
Final Decision: The petition stands disposed of with the above observations.
Suresh Kait, J. (Oral):--
1. The petitioners are aggrieved with the demarcation report dated 31.01.2014, which was carried out pursuant to order dated 20.01.2014 passed by the Tehsildar, Saket, New Delhi.
2. Learned senior counsel appearing on behalf of the petitioners submits that two suits have been decided in favour of the petitioners and the third suit is still pending before this Court. Despite, the aforesaid demarcation has been carried out maliciously on the complaint of Sh. Hari Kishan S/o Sh. Ram Karan without issuing notice to the petitioners.
3. In short affidavit filed by the respondent No. 1, it is specifically stated that the said demarcation does not create right of any of the parties as the same had been carried out in pursuance of the orders passed by the said Tehsildar on the request of SHO, P.S. Fatehpur Beri, vide its letter dated 03.10.2013.
4. In view of the above recorded facts, the aforesaid demarcation cannot be used by either party as a piece of evidence, however, if any of the party would require the same, the said party can approach the appropriate authority as per law.
5. With the above observations, the instant petition stands disposed of.
