Delhi HC orders DDA to verify ownership, hear farm landowners before action

The dispute arises from claims made by several landowners at Westend Green Farms, who allege that portions of their property were incorrectly marked as part of a storm-water drain. Advocates Sumit Gehlot and Manju Gehlot argued before the court that their clients – Ajay Shriram, Vikram Shriram and Ajit Shriram – own 12 bigha 14 biswa (2.75 acres) of land in the area.

However, authorities allegedly completed the demarcation process without involving them, despite their land being directly affected.

The lawyers contended that their clients possess valid documents, including registered deeds, khatoni records and approved building plans. Despite this, officials determined, based merely on assumptions that a portion of their land fell within the drain area, without conducting proper verification of ownership.

After hearing both sides, Justice Sanjeev Narula observed that landowners whose properties are adjacent to land under demarcation cannot be excluded from the process. The court emphasized that such individuals must be given an opportunity to present their documents and raise objections before any final decision is made.

The dispute dates back to a notice issued by the DDA on December 9 last year, regarding the demarcation of drain land between the villages of Samalkha and Rajokri. During this process, authorities assumed that certain portions of nearby private agricultural land also fell within the drain area, which led to the present litigation.

The court was also informed that in similar cases, landowners had been allowed to present their documents before the authorities. Taking note of this, the court held that the petitioners should be granted the same opportunity. The court has now directed the petitioners to appear before the Deputy Director (Land Management) of the DDA on April 24 with all relevant documents. Authorities have been instructed to examine these documents and proceed further in accordance with the law.