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2023 Supreme(Del) 2982

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 : 27-07-2023

Advocates appeared:
Ms. Rachna Aggarwal, Advocate, for the Petitioner.
Mr. Avishkar Singhvi, Mr. Vivek Kumar, Mr. Naved Ahmed and Mr. Nipun Katyal, Advocates with Mr. Jitender Kumar, Sub Inspector and Ms. Hemlata Pokhriyal Sub Registrar, for the Respondent.

The central legal point established in the judgment is the importance of proper preservation and storage of land records, and the responsibility of the authorities in ensuring the implementation of the DORIS system.

Headnote:

Missing Records - Land Registration - [Section 151 CPC, Article 226/227 of the Constitution of India] - The court addressed the missing records of land registration documents and directed the investigation and reconstruction of the missing volumes. It also emphasized the need for proper preservation and storage of land records, highlighting the implementation of the DORIS system and the responsibility of the GNCTD in ensuring its full implementation.

Fact of the Case:

The petitioners sought directions to make an inquiry about missing land registration records and to reconstruct the missing volumes. The missing records had gone missing from the Office of the Sub-Registrar-III, District-Central, Delhi in 2005. The court observed the inaction of the authorities and the seriousness of the missing documents.

Finding of the Court:

The court found the inaction of the authorities unacceptable and directed the investigation and reconstruction of the missing records. It also emphasized the need for proper preservation and storage of land records, highlighting the implementation of the DORIS system and the responsibility of the GNCTD in ensuring its full implementation.

Issues: Missing land registration records, inaction of authorities, preservation of land records, implementation of the DORIS system

Ratio Decidendi: The court emphasized the importance of proper preservation and storage of land records, directed the investigation and reconstruction of the missing records, and highlighted the responsibility of the GNCTD in ensuring the full implementation of the DORIS system.

Final Decision: The court directed the investigation and reconstruction of the missing records, emphasized the need for proper preservation and storage of land records, and highlighted the responsibility of the GNCTD in ensuring the full implementation of the DORIS system.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition was filed by the 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, Asaf Ali Road, Delhi, having recording of execution and registration of lands of the Petitioner No.1 - Monk Estates Pvt. Ltd. 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 10th January, 2023 this issue was unearthed before the Court while hearing the present petition. On the said date, based on the information which was available on the records, the following directions were issued:

"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. Thereafter, on the next date of hearing i.e. 8th February, 2023 Mr. Ashwani Kumar, Principal Secretary, (Revenue) GNCTD joined the proceedings virtually. Ms. Hemlata Pokhriyal, who was the concerned Sub-Registrar was also present in Court. On the said date a short affidavit was filed on behalf of the said Sub-Registrar III. The said affidavit dated 7th February, 2023 stated that only a Lost Report vide L.R. No. 1003607/2019 dated 1st May, 2019 was registered in 2019. A status report had been obtained from the concerned PS - Daryaganj. In addition, the details of the staff who were working in the Sub-Registrar III office were also filed. In the said chart, only the date of posting of the various officials was given and the period during which they remain posted at Sub-Registrar III was not specified. Even the current position of employment of these officials was also not available in the status report. The status of the Lost Report issued by PS, Daryaganj reads as:

"Ref No. 464/SHO/DG Dated-20.01.2023

Subject:Regarding FIR of missing document of Monk Estates Private Ltd. Anr. VS Govt. of NCT of Delhi & Ors.

Sir,

I

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