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by Admin
07 May 2024 2:49 AM
In a significant judgment, the High Court of Delhi, presided over by Hon'ble Ms. Justice Manmeet Pritam Singh Arora, has dismissed an appeal challenging the ownership and management rights over a piece of land in Karkardooma, Delhi. The court upheld the government's acquisition of the land, rendering the private claim of ownership by Shiv Prakash, the appellant, untenable.
The case, titled Shiv Prakash versus Mool Chand & Ors. (RSA 173/2017), revolved around a dispute over a land parcel in Karkardooma, Delhi, which had been acquired by the government. Shiv Prakash, the plaintiff, sought a declaration of ownership against the respondents, claiming that his late father was the recorded owner and that the land was managed by defendant No.1 as an agent (Pairokar) of his late mother.
In a detailed judgment dated 16th January 2024, Justice Arora observed, "In view of the judgment of the Reference Court dated 20.07.1976, the assertion of the plaintiff that late Sh. Jaswant Singh and after his death in 1975, late Smt. Mohro Devi was in physical possession of Khasra No. 580, is not borne out from the record." The court emphasized that the completion of the acquisition process by the government nullified any private claims of title and possession.
The court also noted the plaintiff's inability to prove the alleged Pairokar relationship, stating, "Therefore, on the basis of evidence led by the plaintiff, he has been unable to establish on record that defendant no.1 was a Pairokar of late Smt. Mohro Devi."
This judgment highlights the legal principle that once land is acquired by the government, any existing private claims over such land stand extinguished. It also reinforces the necessity of concrete evidence in asserting legal relationships and claims over property. The court clarified that Mool Chand, despite occupying the land, is also recognized as a trespasser with no legal rights to it.
The Municipal Corporation of Delhi has been authorized to take actions against any encroachment, in accordance with the law.
Date of Decision: 16th January, 2024
SHIV PRAKASH VS MOOL CHAND & ORS
