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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Monk Estates Private Limited & Anr. – Appellants
Versus
Government of NCT of Delhi – Respondent
W.P.(C) 254 of 2023 and CM Appl. 959 of 2023
Decided On : 10-01-2023
Missing Records - Land and Property Documents - W.P.(C) 254/2023 - [Registration Act, 1908, Section 17] - [Indian Evidence Act, 1872, Section 65] - [Indian Penal Code, 1860, Section 166] - [Transfer of Property Act, 1882, Section 54] - This case involves the petitioners seeking directions to make an enquiry about missing land records and to reconstruct the missing volumes. The court highlighted the serious issues related to the registration, certification, and preservation of land and property documents by the Sub-Registrars in Delhi. The court emphasized the negligence in preserving the documents and the potential misuse of the missing records for sale-purchase transactions, raising concerns about the credibility and integrity of land records preservation.
Fact of the Case:
The petitioners filed a petition seeking directions to make an enquiry about missing land records and to reconstruct the missing volumes. The original registered sale deeds were lost, and the petitioners faced challenges in obtaining certified copies from the authorities.
Finding of the Court:
The court found serious negligence in the preservation of land and property documents by the Sub-Registrars in Delhi. It highlighted the potential misuse of the missing records for sale-purchase transactions, raising concerns about the credibility and integrity of land records preservation.
Issues: The issues raised in the case include the negligence in preserving land and property documents, the potential misuse of missing records for sale-purchase transactions, and the lack of action by the authorities despite knowledge of the missing documents.
Ratio Decidendi: The court emphasized the importance of safe custody and preservation of land records, highlighting the negligence of officials and the potential misuse of missing records. It directed the Inspector General of Registration and the Principal Secretary, Revenue to join proceedings and requested the list of officials deputed in the office of the Sub-Registrar and the status of the FIR to be placed on record.
Final Decision: The court scheduled the next hearing and directed the Inspector General of Registration and the Principal Secretary, Revenue to join proceedings. It also requested the list of officials deputed in the office of the Sub-Registrar and the status of the FIR to be placed on record.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL.959/2023 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 254/2023
3. The present petition has been filed by Petitioners seeking directions to the Respondents to make an enquiry about the missing record of volume 8486 and 8487 of additional book no. 1 of the Respondent No.4 - Sub-Registrar-III, District-Central, Asaf Ali Road, New Delhi having recording of execution and registration of lands of the Petitioner No. 1 and also to re-construct the said missing volumes. The petition has been filed arraying the following respondents:
4. The present petition raises extremely serious and perturbing issues in respect of land and property related documents and the manner in which the same are being registered, certified and preserved by the Sub-Registrars in Delhi.
5. The case of the Petitioner is that it registered six sale deeds in November, 1994 in respect of certain agricultural lands. The mutation in respect of the said lands is stated to have been carried out in favour of the Petitioner No.1 - Monk Estates Pvt. Ltd. on 15th February, 1995 and the registered copies of the registered sale deeds were obtained. Unfortunately, however, as per the Petitioners, the said original registered sale deeds were lost in 2013. An FIR was registered. The Petitioners then applied for certified copies of the sale deeds from Respondent No. 4 and requisite charges were also deposited on 2nd December, 2013. Pursuant to the said application of the Petitioner No.1 before Respondent No.4 only one Sale Deed registered in volume no.8337 was supplied. In respect of the remaining sale deeds, vide letter dated 31st December, 2013, Respondent No.4 replied that the same are not traceable. One such communication sent to Petitioner by Respondent No.4 is set out below:
"OFFICE OF THE SUB-REGISTER-III DISTT: CENTRAL 4/7 ASAF ALI ROAD, NEW DELHI-110002
Dated: 31/12/13
No.SR/III/Records/2013/884
Sub: Application for Certified True Copy of the document having registration number 8410, Additional Book No. 1, Volume No. 8486, and page No. 176-185, dated 21/11/1994.
This has reference to your application No. 18782 dated 02/12/2013 on the subject mentioned above. In this regard, it is to inform that as per available records in this office the above said document is not traceable readily. If, the same is traced out, the certified copies of the same shall be supplied to you. Information is being provided to you against your application for certified copy.
Sh. Ram Kumar
2/2, Chhatarpur,
Mehrauli,
New Delhi"
6. The Petitioner, after not having received any communication from the Respondent No. 4 for a long time, filed an application for certified copies of the registered sale deeds with the Department of Delhi Archives on 1st March, 2021. However, no copies were issued to the Petitioner. The Petitioner filed RTI application dated 14th September, 2021 seeking information about the status of its applications dated 1st March, 2021 for the issuance of certified copies. The response to the said RTI application was provided by the Department of Delhi Archives on 30th September, 2021, wherein the matter was transferred to Respondent No.4. Thereafter, Respondent No. 4, vide letter dated 18th October, 2021, informed the Petitioner that the documents sought by the Petitioner are contained in volume 8486 and 8487 and that the same are not available with the Respondent No. 4. It was also informed that an FIR has been lodged with the police on 1st May, 2019 regarding the loss/non-availability of the said records. Two pages of the FI
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