Mistakes acknowledged by survey authorities in land resurvey can be corrected without a requisite No Objection Certificate from local governing bodies.

JUDGMENT

The petitioner has approached this Court being aggrieved by the fact that despite the finding by the 3rd respondent that there was a mistake in the resurvey conducted in so far as it relates to the property of the petitioner (as is evident from Ext.P3), the necessary corrections in the resurvey sketch have not been carried out for want of No Objection Certificate from the 2nd respondent Panchayat.

2. The 3rd respondent has filed a counter affidavit wherein, in paragraph 5, it is states as follows:- “5. It is submitted that the land was inspected and records were examined by the Taluk Surveyor and such examination revealed that in Re-Survey records, Road Puramboke (Re.sy.No.133/14) is situated in the western part of the petitioner's property (Re.Sy No.133/16). A clear boundary existed between the property of the petitioner (133/16) and Road Puramboke (133/14). At the time of the preparation of the resurvey records, the R-Survey officials drew the boundary line between the existing clear boundary. Because of this error, some extent of property of the petitioner was wrongly included in Re-survey No.133/14 as road puramboke land. For correcting this mistakes surveyor prepared a revised sketch of the land in question and sent it to the approval of the District survey superintendent of Land records. But DSSLR returned it, for producing No Objection Certificate from the Panchayath. An intimation letter sent to Panchayath Secretary Thuravoor on 14.06.2017 from this 3rd respondent office to make available No Objection Certificate for proceeding correction in the Re-Survey sketch. But Panchayath has not issued NOC till date. Hence the correction procedure of Re- Survey sketch could not be completed.”

3. The learned counsel for the petitioner states that since there is a clear admission of the mistake committed while conducting the resurvey, the same has to be corrected even if the 2nd respondent Panchayat has not issued any No Objection Certificate. It is submitted that the property of the petitioner was enclosed by boundary walls and even the land on which the Panchayat road is situated (abutting the property of the petitioner) was surrendered by the petitioner's father for formation of the road. It is submitted that once the mistake is admitted by the 3rd respondent, there is no requirement of a No Objection Certificate from the 2nd respondent Panchayat for correction of the resurvey sketch.

4. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 2nd respondent Panchayat.

5. The learned Government Pleader would submit that the corrections in the resurvey sketch were not carried out only on account of the fact that the 2nd respondent Panchayat has not issued any No Objection Certificate.

6. The learned counsel appearing for the 2nd respondent Panchayat would submit that since the alleged mistake shows certain portion of the property as 'puramboke', the Panchayat has an interest in the matter and any correction in the resurvey records could have been made only with notice to the Panchayat. It is submitted that the Panchayat has no other role in the conduct of the survey/resurvey and its role is limited to the protection of any puramboke land from encroachment.

7. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 2nd respondent Panchayat, I am of the view that since the 3rd respondent has categorically admitted that a mistake occurred during resurvey proceedings and a portion of the petitioner's land has been shown as puramboke on account of such mistake, the records have to be corrected notwithstanding the fact that the 2nd respondent Panchayat has not issued any No Objection Certificate. As correctly pointed out by the learned counsel for the Panchayat, the Panchayat has no direct role in the conduct of survey/resurvey and since the authorities who conducted the resurvey have clearly admitted