The Delhi High Court directs Delhi Government to ensure availability of Delhi Online Registration System (DORIS), to all Sub-Registrars for preservation of records.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 27th July, 2023

MONK ESTATES PRIVATE LIMITED & ANR.                                                                                                                     ..... Petitioners

Through: Ms. Rachna Aggarwal, Advocate. (M: 9899007471)

versus

GOVERNMENT OF NCT OF DELHI & ORS.                                                                                                                     ..... Respondents

Through: Mr. Avishkar Singhvi, Mr. Vivek

Kumar, Mr. Naved Ahmed, Mr.

Nipun Katyal, Advocates. (M- 9910778076) with

Mr. Jitender Kumar, Sub

Inspector and Ms. Hemlata Pokhriyal Sub Registrar.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition was filed by the Petitioners seeking directions to the Respondents to make an inquiry about the missing records of volume 8486 and 8487 of additional book no. 1 of the Respondent No.4 - SubRegistrar-III, District-Central, Asaf Ali Road, Delhi, having recording of execution and registration of lands of the Petitioner No.1 - Monk Estates Pvt. Ltd. and also to re-construct the said missing volumes.

3. The present case relates to a large quantum of records which had gone missing from the Office of the Sub-Registrar-III (District Central), Delhi way back in 2005. On 10th January, 2023 this issue was unearthed before the Court while hearing the present petition. On the said date, based on the information which was available on the records, the following directions were issued:

“9. A perusal of the record placed before the Court shows that several volumes from the office of the Respondent No.4 had gone missing in the year 2005 and it is only 14 years later in 2019 that an FIR had been registered.

10. This petition raises issues of enormous concern, inasmuch as the FIR, which has been registered, reveals that a large volume of records of the Sub-Registrar office have gone missing. The function of the Sub-Registrars is for registering various documents relating to assets of the citizens and the same cannot be treated in a cavalier and negligent manner. The fact that an FIR has been registered after a 14 years delay goes to prove that the documents are not being kept in safe custody and a large number of officials would be liable to be blamed for the said missing documents. Moreover, considering that these documents could be misused for sale-purchase transactions also raises serious concerns about the credibility and integrity of preservation of land records related to citizens.

11. Despite having knowledge of all the facts, none of the authorities appear to have be taken any action in this regard. Accordingly, Inspector General of Registration (GNCTD) shall remain present in the Court on the next date of hearing. The Principal Secretary, Revenue (Govt. of NCT of Delhi) shall also join proceedings on the next date of hearing.

12. In the meanwhile, the Respondents shall place on record the list of Sub-Registrars and other officials, who were deputed in the office of Respondent No.4 i.e. Sub-Registrar-III, District Central, 4/7, Asaf Ali Road, New Delhi since 1st January, 2005. In addition, status of the FIR dated 1st May, 2019 shall also be placed on record by the Respondents.”

4. As per the above order, the status of the FIR which was registered in 2019 was to be placed on record and the list of the officials and other SubRegistrars who were deputed in the office of Sub-Registrar III was also to be placed on record.

5. Thereafter, on the next date of hearing i.e. 8 th February, 2023 Mr. Ashwani Kumar, Principal Secretary, (Revenue) GNCTD joined the proceedings virtually. Ms. Hemlata Pokhriyal, who was the concerned SubRegistrar was also present in Court. On the said date a short affidavit was filed on behalf of the said Sub-Registrar III. The said affidavit dated 7th February, 2023 stated that only a Lost Report vide L.R. No. 1003607/2019 dated 1 st May, 2019 was registered in 2019. A status report had been obtained from the concerned PS - Daryaganj. In addition, the details of the staff who were working in the Sub-Registrar III office were also filed. In the said chart, only the date of posting of the various officials was given and the period during which they remain posted at Sub-Registrar III was not specified. Even the current position of employment of these officials was also not available in the status report. The status of the Lost Report issued by PS, Daryaganj reads as:

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