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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Jatan Singh - Appellant
Versus
Govt. of N.C.T. of Delhi - Respondent
W.P.(C) 4676 of 2021
Decided On : 08-07-2021
Important Points
Subject
Administrative Law - Land Use and Management
Headnote
(B) Time-bound Compliance - The court emphasized the necessity for timely processing of applications and the obligation to communicate the reasons for any refusal. (Paras 6-7)
Facts of the case:
The petitioner, having made several applications and paid the requisite fees for land demarcation, approached the court after no action was taken on these requests.
Findings of Court:
The court directed the respondents to expedite the process within four weeks, highlighting the importance of communication in case of refusal or further fee requirements.
Issues: The core issues involved the right to timely demarcation of land and the responsibilities of the respondents in processing the application.
Ratio Decidendi: The court established that procedural fairness requires timely consideration of applications and clear communication regarding decisions or demands for additional fees.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. petitioner seeks demarcation direction. (Para 2) |
| 2. petitioner has repeatedly applied for demarcation. (Para 3) |
| 3. court directed timely consideration of demarcation application. (Para 4 , 5 , 6 , 7) |
| 4. petition disposed of with order instructions. (Para 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents to conduct the demarcation as per the representations given by the petitioner.
3. Learned counsel for the petitioner submits that petitioner has been making repeated applications seeking demarcation of the subject land and has also deposited the requisite fee. He submits that if any further fee is payable, petitioner shall also pay the same.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
5. Since petitioner has been making several applications as is evident from Annexure P-2 to P-5, this petition is disposed of with a direction to the respondents to consider the application of the petitioner seeking demarcation of his land in accordance with law.
6. Respondents shall dispose of the application of the petitioner expeditiously preferably within a period of four weeks from today.
7. In case the request for demarcation is refused, petitioner shall be duly communicated the order of refusal and in case the application is allowed then respondents shall carry out the demarcation exercise expeditiously. In case there is any further requirement for the petitioner to pay any charges/fee, the same shall be paid by the petitioner on being intimated by the respondents.
8. Petition is disposed of in the above terms.
9. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
