Demarcation of land can’t be delayed over GNCTD-DDA jurisdiction row: Delhi HC

Justice Prateek Jalan issued the direction while hearing a writ petition filed by Gaurav Gulati, who claimed ownership of 13 Bighas and 15 Biswas of farmland. The judge observed that the process of land demarcation cannot be stalled merely because the jurisdictional dispute between the GNCTD and the DDA remains unresolved.

Appearing for the petitioner, Advocate Sumit Gehlot, along with Advocates TS Thakron, Manju Gehlot and Abhishek Singh from Fidelegal Advocates & Solicitors, argued that it is obligatory for authorities, who are responsible for demarcating the land, and the non-action is contrary to Law and procedure of demarcation and a jurisdictional issue cannot be a ground to deny demarcation.

Advocate Gehlot submitted before the High Court that the petitioner apprehends unlawful encroachment attempts by local goons and neighbouring villagers, who are allegedly trying to curb and occupy portions of his land. Advocate Gehlot emphasised that the petitioner is the lawful and absolute owner in peaceful possession of the property, duly recognised by the revenue authorities through official records such as Khatounis, Khasra Girdawari, and Sizra. The ownership, he added, is supported by valid registered documents.

The petitioner sought the Court’s intervention to ensure the demarcation of his farm land, which, despite multiple representations, has not been carried out.

The Court took note that the area had been urbanised through a government notification dated November 20, 2019, resulting in a “jurisdictional ambiguity” about whether the demarcation should be undertaken by the DDA or the GNCTD.

Referring to its previous rulings, Justice Jalan reiterated that such exercises must not be held up due to administrative overlap. The Court accordingly directed that GNCTD and DDA shall jointly conduct the demarcation through a third-party agency, ensuring transparency and coordination between both authorities.

The Court further ordered that the petitioner or his authorised representative be present during the demarcation, and that all expenses shall be borne by the petitioner. The process is to be completed within six months from the date of the order.

Justice Jalan clarified that the directions are subject to any orders passed by the Full Bench in Original Reference No. 1/2024, and the order has been issued “without prejudice to the rights and contentions of GNCTD and DDA” in that ongoing reference.