Rajendra Singhi Huf and Anr v. Govt of NCT of Delhi and Ors

MINI PUSHKARNA, J. (ORAL): CM APPL. 28648/2023 (Application on behalf of the petitioners under Section 151 CPC seeking exemption from filing annexures)

¶1Allowed, subject to just exceptions.

¶2Application is disposed of. W.P.(C) 7356/2023 & CM APPL. 28647/2023 (Application under Section 151 CPC seeking stay against the illegal encroachment of land of the petitioners by respondent no. 2)

¶3The present writ petition has been filed with prayer for directions to the respondent no. 1 and 2 to demarcate the land of the petitioner no. 1 i.e. land measuring 12 bighas (2.5 acres) bearing Mustatil No.61, Killa nos. 9 min (4-01), 10 min (1-15), 11/2 min (1-10), 12 min (4-09) situated near Suri Farm, nearby Sundarvan Church Road, situated in the Revenue District of Mehrauli, Tehsil Mehrauli, South District, New Delhi.

¶4It is the case on behalf of the petitioners that petitioner no. 1 is Hindu Undivided Family. It is further submitted that petitioner no. 2 as well as respondent no. 3 own adjoining lands belonging to Hindu Undivided Family.

¶5It is the case on behalf of the petitioners that petitioner no. 1 is the owner and in possession of agricultural land measuring land measuring 12 Bighas, as aforesaid, which was purchased from M/s Top Mark Properties Ltd. through registered sale deed dated

23.11.2016. It is submitted that petitioner no. 1 got recorded its name in the revenue record for the aforesaid land purchased by it.

¶6It is submitted that there have been transactions with respect to the land adjoining the property of the petitioner. It is submitted that there is no demarcation as such, due to which respondent no. 3 herein who purchased the agricultural land measuring 3.09 acres adjoining to the land of the petitioner, is trying to encroach upon the land of the petitioners.

¶7Issue notice.

¶8Notice is accepted by learned counsel appearing for respondent nos. 1 and 2.

¶9Considering the submissions made before this Court, that the only prayer made before this Court is with respect of the demarcation of the land in question so that all the different parties can enjoy their respective portions of properties under their ownership, this Court deems it expedient to direct demarcation of the land of petitioner no. 1 and 2 and respondent no. 3.

¶10It is directed that the respondent no. 1 and 2 shall carry out the

demarcation after hearing all the concerned parties including petitioner no. 1, 2 and respondent no. 3. Any submissions/objections that may be raised by any of the parties including any documents that may be submitted by any of the parties, may be considered by the Revenue Authorities before embarking upon the exercise of demarcation.

¶11It is clarified that the petitioners shall bear the cost of demarcation.

¶12In view of the aforesaid, the present writ petition is disposed of.

MINI PUSHKARNA, J MAY 25, 2023 c

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 25th May, 2023 + W.P.(C) 7356/2023 & CM APPLs. 28647/2023 & 28648/2023 RAJENDRA SINGHI HUF AND ANR. ..... Petitioners Through: Mr. Hari Kishan with Mr. Narita Gupta and Mr. Akarsh Sharma, Advocates. (M): 9818038911 Email: hka.delhi@gmail.com versus GOVT OF NCT OF DELHI AND ORS. ..... Respondents Through: None. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]