Delhi: High Court directs SDM to conduct demarcation of farmland situated in Fatehpur Beri

The bench of Justice Tushar Rao Gedela in an order passed last week said that the prayer, as sought for demarcation of the land of the petitioner, shall be completed within a period of two months.

The Delhi High Court has directed the Sub Divisional Magistrate (SDM) Mehrauli in the national capital to conduct demarcation of farmland, situated in Fatehpur Beri, within 2 months and to furnish the said report to the owners, which was delayed by seven years. The bench of Justice Tushar Rao Gedela in an order passed last week said that the prayer, as sought for demarcation of the land of the petitioner, shall be completed within a period of two months.

The court further said that the report thereof shall be furnished to the petitioner within two weeks from the date of completion of such demarcation. Two brothers Vijay Uppal and Viney Uppal, who own the farmland of 2.5 Acre in Fatehpur Beri, Tehsil Mehrauli, Delhi who were apprehensive of encroachment by locals or land mafia, filed a writ petition in Delhi High Court stating that for the last seven years, their land has not been demarcated by the SDM Mehrauli despite several applications filed in the years 2016, 2019, 2021 and lastly in January 2024 and deposit of requisite fee.

The Delhi High Court bench comprising of Justice Tushar Rao Gedela, reprimanded the authorities as to why the petitioner's land has not been demarcated for the last 7 years. The counsel Advocate Sumit Gehlot appearing for the petitioners submitted that the petitioners are aggrieved by the non-action of the authorities of not demarcating their land and in case of any boundary dispute, as per section 28 of Delhi Land Revenue Act, 1954 and Rule 403 to 412 of Delhi Land Revenue Rules, 1962, it is obligatory for respondents (SDM/DM) to demarcate the land and settle the boundary dispute after verification of possession, revenue records etc.

It was further argued that his clients were strongly apprehensive that the said farmland may be encroached by goons and land mafia, who are trying to unlawfully curb his clients' land from 2.5 Acre and the authorities seem to be hand in gloves with them, who have illegally not demarcated the said land from last seven years. It was further argued by Advocate Sumit Gehlot that his clients are suffering irreparable damages because of the concerned authorities and grave prejudice and injustice shall be caused in case the land is not been demarcated immediately.

Appreciating the arguments, Justice Tushar Rao Gedela, on the very first hearing on March 1, directed the SDM Mehrauli to conduct demarcation within 2 months and to furnish the said report to the owners and allowed the writ petition. The petitioners were represented through Sumit Gehlot and TS Thakran Advocates of Fidelegal Advocates and Solicitors. (ANI)

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