PRAVEEN KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THIS intra court appeal impugns the order dated 8th May, 2014 of the learned Single Judge, of dismissal of W.P.(C) No.285/2012 preferred by the appellant, for the reason of the same containing allegations of fraud, forgery and theft and which the learned Single Judge held, could not be adjudicated upon in writ proceedings; the appellant was however given opportunity to raise all the grievances as raised in the writ petition with regard to the demarcation report/map dated 28th December, 2011 before the concerned Deputy Commissioner. A direction was also issued to the Deputy Commissioner to decide the matter in accordance with law without being influenced by any observation made by the Court; the rights and contentions of all the parties were left open.

(2.) THIS appeal came up first for consideration on 4th July, 2014, when we, after some hearing, drew the attention of the counsel for the appellant to the judgment of the Division Bench of this Court in Indraprastha Medical Corporation Vs. National Highways Authority of India inter alia holding that Section 28(1) of the Delhi Land Revenue Act, 1954 states that ''all disputes regarding boundaries shall be decided by the Deputy Commissioner, as far as possible, on the basis of existing survey maps '' and Section 64 thereof confers a right of appeal to the Chief Commissioner from the orders of the Deputy Commissioner and consequently an efficacious remedy is available to challenge the demarcation report and dismissing the writ petition in that case for the said reason. It was thus enquired from the counsel then appearing for the appellant as to how, the writ petition seeking the relief of quashing of a demarcation report, was maintainable. On request of the counsel for the appellant, the matter was adjourned to 8th July, 2014. On 8th July, 2014, we heard the senior counsel for the appellant as well as the counsel for the respondent Govt. of NCT of Delhi (GNCTD).

(3.) A perusal of the said order dated 23rd September, 2010 disposing of W.P.(C) No.10613/2005 earlier filed by appellant shows that all parties thereto including the actual encroachers as per the appellant had agreed to fresh demarcation; they were however unable to agree upon the modalities thereof. Accordingly, the said writ petition was disposed of directing fresh demarcation and laying down the modalities thereof.