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 & Ors. – Respondents
W.P.(C) 254 of 2023
Decided On : 08-02-2023
Missing Records - Land Registration - [No specific Act-Section referenced]
Fact of the Case:
The petitioners sought directions to make an inquiry about missing land records and to reconstruct the missing volumes. The missing records related to the sale deeds of the petitioner's lands from the Office of the Sub-Registrar-III, District-Central, Delhi, which had gone missing in 2005. The court issued directions for an inquiry and ordered the concerned officials to place the status of the FIR and list of officials on record.
Finding of the Court:
The court found the inaction of the authorities regarding the missing records unacceptable and ordered further investigation into the matter. It directed the conversion of the non-cognizable report into an FIR and ordered an investigation under the supervision of the Assistant Commissioner of Police. The court also directed the concerned official to remain present in court and ordered the reconstruction of the records.
Issues: The issues involved the missing land records, inaction of the authorities, and the need for reconstruction of the records.
Ratio Decidendi: The court held that the missing of valuable land records from a Sub-Registrar's office should have been taken into consideration with utmost seriousness. It found the limited action of filing a non-cognizable report ill-advised and ordered further investigation and reconstruction of the records.
Final Decision: The court directed the concerned official to remain present in court, ordered the conversion of the non-cognizable report into an FIR, and directed an investigation under the supervision of the Assistant Commissioner of Police. It also ordered the reconstruction of the records and set a date for further proceedings.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by Petitioners seeking directions to the Respondents to make an inquiry about the missing records of volume 8486 and 8487 of additional Book no. 1 of the Respondent No.4 - Sub- Registrar-III, District-Central, Delhi, having recording of execution and registration of lands of the Petitioner No.1 and also to re-construct the said missing volumes.
3. The present case relates to a large quantum of records which had gone missing from the Office of the Sub-Registrar-III (District Central), Delhi way back in 2005. On the last date of hearing, i.e., 10th January, 2023 this issue was unearthed before the Court while hearing the present petition wherein the Petitioner is seeking inquiry into the missing records relating to the sale deeds of the Petitioner. On the said date, based on the information which was available on the record, the following directions were issued by the Court:
"9. A perusal of the record placed before the Court shows that several volumes from the office of the Respondent No.4 had gone missing in the year 2005 and it is only 14 years later in 2019 that an FIR had been registered.
10. This petition raises issues of enormous concern, inasmuch as the FIR, which has been registered, reveals that a large volume of records of the Sub-Registrar office have gone missing. The function of the Sub-Registrars is for registering various documents relating to assets of the citizens and the same cannot be treated in a cavalier and negligent manner. The fact that an FIR has been registered after a 14 years delay goes to prove that the documents are not being kept in safe custody and a large number of officials would be liable to be blamed for the said missing documents. Moreover, considering that these documents could be misused for sale-purchase transactions also raises serious concerns about the credibility and integrity of preservation of land records related to citizens.
11. Despite having knowledge of all the facts, none of the authorities appear to have be taken any action in this regard. Accordingly, Inspector General of Registration (GNCTD) shall remain present in the Court on the next date of hearing. The Principal Secretary, Revenue (Govt. of NCT of Delhi) shall also join proceedings on the next date of hearing.
12. In the meanwhile, the Respondents shall place on record the list of Sub-Registrars and other officials, who were deputed in the office of Respondent No.4 i.e. Sub-Registrar-III, District Central, 4/7, Asaf Ali Road, New Delhi since 1st January, 2005. In addition, status of the FIR dated 1st May, 2019 shall also be placed on record by the Respondents."
4. As per the above order, the status of the FIR which was registered in 2019 was to be placed on record and the list of the officials and other Sub- Registrars who were deputed in the office of Sub-Registrar III was also to be placed on record.
5. Today, Mr. Ashwani Kumar who is the Principal Secretary, Revenue, Government of NCT of Delhi, who also acts as the Inspector General of Registration, GNCTD has joined the proceedings virtually. Ms. Hemlata Pokhriyal who is the current Sub-Registrar III with effect from 9th January, 2023 is also present in Court.
6. A short affidavit has been filed on behalf of the said Sub-Registrar III. The said affidavit dated 7th February, 2023 has been handed over in Court and states that only a Lost Report vide L.R. No. 1003607/2019 dated 1st May, 2019 was registered in 2019. A status report has been obtained from the concerned PS, Daryaganj which is attached with the affidavit. In addition, the details of the staff who were working in the Sub-Registrar III office have also been filed. In the said chart, only the date of posting of the various officials has been given. However, the period during which they remain posted at Sub-Registrar III has not been specified. Even the current position of employment
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