Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Sh. Jatan Singh - Appellant
Versus
Govt Of NCT Of Delhi & Ors. - Respondents
W.P. (C) 4676/2021
Decided On : 08-07-2021
Demarcation - Land - The court directed the respondents to consider the petitioner's application for demarcation of his land in accordance with the law and dispose of it expeditiously.
Fact of the Case:
The petitioner sought a direction to conduct demarcation of the subject land as per his representations and previous applications, stating willingness to pay any further fee if required.
Finding of the Court:
The court directed the respondents to consider the petitioner's application for demarcation and dispose of it expeditiously, with a timeframe of four weeks. The petitioner was to be duly communicated the decision, and any further charges/fee were to be paid upon intimation.
Issues: The main issue was the petitioner's repeated applications for demarcation of his land and the respondents' consideration of the same.
Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioner's application in accordance with the law and dispose of it within a specified timeframe, ensuring communication of the decision and any further charges/fee.
Final Decision: The petition was disposed of with a direction to the respondents to consider the petitioner's application for demarcation of his land in accordance with the law and dispose of it expeditiously, with specified procedures for communication and payment of charges/fee.
JUDGMENT
Sanjeev Sachdeva, J.:-- (Oral)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents to conduct the demarcation as per the representations given by the petitioner.
3. Learned counsel for the petitioner submits that petitioner has been making repeated applications seeking demarcation of the subject land and has also deposited the requisite fee. He submits that if any further fee is payable, petitioner shall also pay the same.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
5. Since petitioner has been making several applications as is evident from Annexure P-2 to P-5, this petition is disposed of with a direction to the respondents to consider the application of the petitioner seeking demarcation of his land in accordance with law.
6. Respondents shall dispose of the application of the petitioner expeditiously preferably within a period of four weeks from today.
7. In case the request for demarcation is refused, petitioner shall be duly communicated the order of refusal and in case the application is allowed then respondents shall carry out the demarcation exercise expeditiously. In case there is any further requirement for the petitioner to pay any charges/fee, the same shall be paid by the petitioner on being intimated by the respondents.
8. Petition is disposed of in the above terms.
9. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
The court emphasized the importance of considering the petitioner's application for demarcation in accordance with the law and disposing of it expeditiously, with clear procedures for communication a....
The court established the necessity for timely handling of land demarcation requests and the requirement for proper communication regarding decisions related to those requests.
Failure to consider objections raised under Section 129 (5) of the M.P. Land Revenue Code, 1959 before passing the impugned final order.
The central legal point established in the judgment is the requirement to grant a personal hearing to the affected persons during demarcation proceedings, as mandated by Rule 170 of the Delhi Land Re....
The court has the authority to direct demarcation of land and determine the method and costs of demarcation.
The central legal point established is the requirement to grant a hearing to affected parties during demarcation proceedings, and the right to challenge demarcation reports with personal hearing and ....
The court emphasized the necessity for a timely and reasoned decision on representations affecting property rights, ensuring the petitioners receive a personal hearing.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
