Rajpal v. Govt. Of NCT Of Delhi & ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10002/2023 and CM APPL. 47926/2024 RAJPAL .....Petitioner Through:

Mr. Alok Dev, Advocate.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Anubhav Gupta, Advocate for GNCTD.

Ms. Sapna Chauhan, Advocate for DDA.

Mr. Rohit Dahiya, Advocate for Co-Owners.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.04.2025 1.

The petitioner has filed this writ petition under Article 226 of the Constitution, seeking demarcation of land bearing Khasra Nos. 62/11/1 (2-16) and 62/11/2 (2-10) situated in Bakhtawarpur, Delhi, of which he claims to be a co-owner, and in possession.

2.

The petitioner made representations dated 31.05.2023 to the concerned Sub-Divisional Magistrate and Tehsildar, and representation dated 09.06.2023 to the Chairman, Delhi Development Authority ["DDA"]. As no action was taken, he has filed the present writ petition. 3.

The co-owners of the property in question have been impleaded, pursuant to order dated 02.05.2024, and are represented. They have no objection to the demarcation.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2025 at 12:27:25 W.P.(C) 10002/2023

4.

Mr. Anubhav Gupta, learned counsel for Government of National Capital Territory of Delhi ["GNCTD"], submits that according to his instructions, the Village in question has been urbanised, and DDA would be responsible for demarcation. However, no counter affidavit has been filed on behalf of GNCTD, despite the pendency of the petition for more than eighteen months.

5.

Further, a counter affidavit has been filed by DDA on 02.03.2024, in which it is stated that the land in question is neither acquired by DDA, nor handed over to DDA. It is, therefore, contended that the demarcation would have to be undertaken by GNCTD.

6.

It appears that neither authority is taking responsibility for the process of demarcation, although Mr. Alok Dev, learned counsel for the petitioner, states that the petitioner is willing to bear the expenses for demarcation.

7.

In these circumstances, I am of the view that GNCTD and DDA may coordinate amongst themselves, and ensure that the petitioner's application for demarcation is considered within the next four weeks. If the application is permitted, the demarcation exercise is to be carried out within a period of three months thereafter, subject to the petitioner bearing the charges for the same.

8.

The writ petition, alongwith the pending application, is disposed of in these terms.

PRATEEK JALAN, J APRIL 29, 2025 'Bhupi/AD'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2025 at 12:27:25 W.P.(C) 10002/2023