Ms. Sandhya Chadha v. Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 213/2018 MS. SANDHYA CHADHA ..... Petitioner Through: Mr Amit S. Amist and Ms Mithila Jain, Advocates.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr S. K. Tripathi, ASC with Mr Shashank Tiwari and Mr Rishabh Ostwal, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.01.2019 1.

The petitioner claims that certain lands located in Khasra No. 502/2 Village Devli, Mehrauli was bought by the petitioner's father and on 10.12.1982, the sale deed for the said land was registered in favour of the petitioner (vide registration No. 6447 in Book No. 1, Volume No. 4766 on pages 175-181). It is stated that the original sale deed was in possession of the petitioner's mother who is now of an advance age of 95 years. The petitioner had migrated from this country and is now residing abroad. 2.

On one of the visits to her family in the year 2016, the petitioner discovered that the original sale deed for the property in question was missing. The petitioner also lodged a report with regard to the missing document with the concerned police authorities. 3.

Thereafter, on 20.01.2017, the petitioner filed an application for certified copy of the sale deed in question but was informed that the said

deed was not traceable.

4.

Thereafter, the petitioner made several representations to obtain a certified copy of the sale deed from various authorities, however, the efforts did not meet with any success and this has led the petitioner to file the present petition.

5.

On 09.01.2018, this Court directed that a necessary inquiry be conducted as to which authority/office is holding the relevant records as it was contended that the records have been sent to respondent no. 4 (the Department of Delhi Archives).

6.

The learned counsel appearing for the respondent states that efforts are being made to trace out the documents, however, the relevant records have not been found. He further stated that the respondent has found the record of the registration details and a certificate to this extent can be issued to the petitioner.

7.

In view of the above, this Court directs the respondents to trace out the documents in question. If it is found that the records have been lost, the concerned department shall make efforts to reconstruct the same. Further, respondent no.1 shall also conduct an inquiry to fix the responsibility for such loss. In the meanwhile, the respondents are directed to issue the certificate as submitted by the learned counsel appearing for the respondents, within a period of three weeks from today. 8.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J JANUARY 11, 2019 pkv