The central legal point established is the importance of considering all relevant documents and granting proper hearing to the petitioner in land ownership disputes before passing a decision.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

1. The grievance raised in the present writ petition is that demolition action that was to be taken by the respondents in an area situated in Khasra No. 1379/1, has actually been taken on the land of the petitioner in Khasra No. 29/10/2 and Khasra No. 30/6/1 of village Tikri Kalan. It is submitted that the wall which was existing on the aforesaid Khasra under the ownership of the petitioner was wrongly demolished by the respondents, in the garb of taking demolition action in Khasra No. 1379/1. Learned counsel for the petitioner has relied upon the Aks-sizra of village Tikri Kalan, which has been annexed as Annexure -II to the counter affidavit of the respondents. He submits that the said Aks-sizra has been prepared by the respondents themselves from the revenue records, which clearly shows that the land of the petitioner is separate from Khasra No. 1379/1, where action was required to be taken by the respondents.

2. On the other hand, learned counsel for the respondents submits that the village in question has already been urbanised. He further submits that the wall in question which was approximately 8 ft. 3 inches long has been demolished, as the same constituted encroachment on the public land.

3. However, the aforesaid submission made on behalf of the respondents is vehemently disputed by learned counsel for the petitioner. Learned counsel for the petitioner has relied upon the counter affidavit of the respondents, wherein it has been stated that the wall of the petitioner was demolished, as the same was obstructing the entry of the Government Land. Para 7 of the counter affidavit of the respondents is reproduced as below:

"7.That the respondent No.2 on 23.08.2016 has demolished the concern part of the wall which was obstructing the entry on the said government land."

4. Thus, it is submitted that there is a clear admission on the part of the respondents that the wall which was on the land of the petitioner, was demolished only for the reason as the respondents wanted excess to the Government Land. However, by reference to the Aks-sizra, it is submitted that even the said contention is totally wrong as Khasra No.1379/1 where action was to be taken, is situated far away from Khasra Nos. 29/10/2 and Khasra No. 30/6/1 of village Tikri Kalan, as per the Aks-sizra as filed by the respondents themselves.

5. Learned counsel for the respondents has also relied upon the short submission filed on their behalf regarding demarcation of the land. Thus, reference has been made to Para Nos. 3 and 4 of the said short submissions, which are reproduced as:

"3. That the demarcation of the said land has been done by TSM through Sh. Jagbir Singh, Prop. M/s N.K Engineers, having Regd. office at E-356, street No. 15, Ashok Nagar, Delhi-110093 and in the report of the demarcation it has been found there is a Khal (Govt. land) of 1 Gattha (which have been not assigned any Khasra No. in the Revenue Record during consolidation Period) and is adjacent to the Northern Sides of Khasra Nos. 29/10/2 and 30/6/1 which was encroached by the Bhumidars of agriculture land bearing Khasra No. 29/1/2/2 (1-19), 2/1/2 (0-4), 29/10/2 (1-10), 30/6/1 (3-0), 15/1 (2-6) and 28 (0-1) situated in Revenue Estate of Village Tikri Kalan, Delhi. The said Encroachment of the Govt land i.e. Khal of 1 Gattha was removed by BDO (West) vide letter dated 08.08.2016.

4. That according to Demarcation Report done by Total Station Method (TSM), the points of Khasra No. 29/1/2/2 (1-19), 2/1/2 (0-4), 29/10/2 (1-10), 30/6/1 (3- 0), 15/1 (2-6) and 28 (0-1) situated in Revenue Estate of Village Tikri Kalan, Delhi have been marked on the spot and given to bhumidars on 05.05.2018."

6. By reference to the aforesaid, it is submitted on behalf of the respondents that demarcation of the land in question was done as per the demarcation report Northern Sides of Khasra No. 29/10/2 and Khasra No. 30/6/1 was encroached by Bhumidars