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High Court of DelhiW.P.(C)/599/2016

Angoori Devi & ORS v. B D O Najafgarh & ORS

2018-03-13Hon'Ble Ms. Justice Rekha Palli2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 599/2016 & C.M.Nos.32895-97/2017 & 9758/2016. ANGOORI DEVI & ORS ..... Petitioner Through Mr.Dharambir, petitioner husband in person.

versus B D O NAJAFGARH & ORS ..... Respondent Through Mr.Satyakam, ASC for R-1to 3 with S.I Prabha Kalan, P.S.Chawla.

R-4 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 13.03.2018 Vide the present petition, the petitioners claiming to be owners in possession of Khasra no. 29/12/3 (0-7), 13 (4-16), 14 (4-14), 26 (08), 142 (0-5) in revenue estate of village Kangangeri South West district, Delhi, have inter alia prayed for directions to the BDO Najafgarh, to demarcate certain boundaries and pathways in Khasra no. 29/26, 29/14 and 29/6, 29/15 in village Kangangeri, Delhi. The petitioners have also prayed for direction to the respondents to get the pathway vacated by demolishing the boundary wall in Khasra no. 329 of Village Kangangeri, which is claimed to be unauthorised, so as to enable the petitioners to approach their fields for cultivation and sowing work.

It appears that during the pendency of the present writ petition a demarcation has been done on 14.12.2016 by the Field Kanungo &

Halka Patwari of Village Kanganheri, in the presence of all the concerned villagers including the petitioners herein. The said demarcation has been carried out through TSM Machine by M/S J.N. Engg. & Surveyors, H.No.1066/3, Rajeev Nagar, Gurgaon-122001 (Haryana).

After some arguments, the petitioner who is being represented through her husband Mr.Dharambir, submits that though the petitioner is satisfied with some part of the demarcation report, she has objections in respect of some parts thereof. Mr.Dharambir submits that he would be satisfied if he is granted liberty to approach the concerned SDM to file objections to the said demarcation report and for seeking directions for implementation of the undisputed portion of the demarcation report.

The petitioner prays for three weeks time to file objections. It is directed that in case the objections are filed by the petitioners within three weeks from today, the concerned SDM will consider the same and pass an appropriate order as expeditiously as possible in accordance with law.

The petition is disposed of in the above terms with no order as to cost.

All the pending applications are accordingly disposed of as infructuous.

Dasti.

REKHA PALLI, J MARCH 13, 2018/sr