‘Sub Registrars’ Function Can’t Be Treated In Negligent Manner’: Delhi High Court Summons Inspector General Of Registration Over Missing Land Records

The Delhi High Court has summoned Delhi Government’s Inspector General of Registration after expressing concern that a large volume of land and property records went missing from a Sub-Registrar office.

Justice Prathiba M Singh also directed the Principal Secretary, Revenue of the Delhi Government to join the court proceedings on February 8, the next date of hearing.

The court observed that 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.”

“…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,” the court said.

The court was hearing a plea moved by an entity Monk Estates Private Limited seeking an enquiry into the missing records of execution and registration of petitioner’s land from Sub- Registrar’s office and also to re- construct the same.

It was the petitioner’s case that it registered six sale deeds in November, 1994 in respect of certain agricultural lands and the registered copies of the registered sale deeds were obtained. However, the said original registered sale deeds were lost in 2013 and an FIR was registered.

After applying for certified copies, the petitioner was given only one registered sale deed and a letter was issued on December 31, 2013 stating that the remaining documents were not traceable.

Pursuant to an RTI application being moved, the Sub-Registrar’s office vide letter dated October 18, 2021 informed the petitioner that the documents were not available. An FIR was then lodged with the police on May 1, 2019 regarding the loss or non-availability of the said records.

Hearing the parties, Justice Singh noted that the fact that an FIR was registered after 14 years of delay proves that the documents “are not being kept in safe custody”, adding that a large number of officials “would be liable to be blamed for the said missing documents.”

Noting that none of the authorities appear to have be taken any action in the matter despite having knowledge of all the facts, the court ordered:

“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.”

In the meanwhile, the court directed the respondent authorities to place on record the list of Sub-Registrars and other officials who were deputed in the office of the Sub-Registrar in question since January 1, 2005.

“In addition, status of the FIR dated 1st May, 2019 shall also be placed on record by the Respondents,” the court ordered.

Title: MONK ESTATES PRIVATE LIMITED & ANR. v. GOVERNMENT OF NCT OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 36

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