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2023 Supreme(Del) 4362

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Om Prakash – Appellant
Versus
State of NCT of Delhi & Anr. & Ors. – Respondents
W.P.(C) 7013 of 2023
Decided On : 22-05-2023

Advocates appeared:
Ms. Yashsavi Sharma and Ms. Pallavi Bhatt, Advocate, for the Petitioner.
Ms. Avni Singh, Advocate, for the Respondent, for the Respondent.

The court emphasized the importance of demarcation and partition of undivided land to resolve disputes and ensure proper rights of the concerned parties.

Headnote:

Demarcation - Land Dispute - The court directed the respondents to carry out the demarcation of the land belonging to the petitioner and other shareholders, and instructed the Sub-Divisional Magistrate to issue notice to all concerned parties and conduct the demarcation process after considering their submissions and objections.

Fact of the Case:

The petitioner sought direction for demarcation of land purchased by multiple parties, as it had not been divided and partitioned for egress and outgress.

Finding of the Court:

The court directed the respondents to carry out the demarcation of the land and instructed the Sub-Divisional Magistrate to involve all concerned parties in the demarcation process.

Issues: Dispute over undivided land, lack of demarcation and partition for egress and outgress.

Ratio Decidendi: The court's decision was influenced by the need to resolve the dispute over the undivided land and ensure proper demarcation and partition for the concerned parties.

Final Decision: The writ petition was disposed of with directions for demarcation and involvement of all concerned parties in the process.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

1. The present writ petition has been filed with prayer for direction to the respondents to demarcate the land bearing Khasra No.67/4 situated in the area of village Gherva, Delhi-110081.

2. It is the case of the petitioner that he had purchased land measuring 1 Bigha, 14 Biswas out of Khasra No.67/4, situated in the area of Village Ghevra, Delhi-110081. Likewise, One Smt. Shanti Devi and Smt. Krishna Devi also purchased portion of the land out of Khasra No.67/4 in their respective shares. Thus, it is submitted that there are now three shareholders with respect to property situated in Khasra No.67/4. It is submitted that the property has not been divided by metes and bounds and has not been partitioned for the purposes of egress and outgress.

3. In view of the aforesaid, the petitioner sent an application for demarcation of the property to the Sub-Divisional Magistrate (SDM), Kanjhawala for demarcation of the land. However, no action has been taken.

4. Issue notice. Notice is accepted by the learned counsel appearing for the respondents.

5. Considering the submissions made before this Court, it is directed that the respondents shall carry out the demarcation of the land belonging to the petitioner as well as belonging to Smt. Shanti Devi and Smt. Krishna Devi.

6. Sub-Divisional Magistrate (SDM), Kanjhawala is directed to issue notice to all the three concerned persons who are the owners of the land in question, i.e., Khasra No.67/4 situated in the area of village Gherva, Delhi-110081. All the three parties, i.e., the petitioner herein as well as Smt. Shanti Devi and Smt. Krishna Devi shall be granted opportunity to appear before the concerned SDM and submit the requisite documents. Further, all the three parties shall be granted hearing and only thereafter the Learned Sub-Divisional Magistrate (SDM) shall carry out the demarcation process after taking into account the submissions and objections on behalf of each of the parties.

7. With the aforesaid directions the present writ petition is disposed of.

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