Case Name : Kamaljeet Bajwa & Ors vs Government of NCT of Delhi & Ors
Case Reference: (0000) 0 SCR 00 :
Neutral Citation: 2023-DHC-4948-DB
Case Number: LPA 609/2022, 618/2022
Court: Delhi High Court
Bench: 02
Coram: Chief Justice Satish Chandra Sharma (Author), Subramonium Prasad
Date: 18.07.2023
Demarcation when serious disputed questions of title
Once title is seriously disputed, the writ petition should be dismissed since disputed questions of fact are involved (Paras 56-57)
Effect of notification for urbanisation
Both Delhi Land Revenue and Delhi Land Reforms will not apply once there is a DMC - Section 507 notification (Para 46-47, 49-50)
Demarcation impermissible upon urbanisation
Application for demarcation under Delhi Land Reforms as also report thereto impermissible, to be quashed (Paras 50-52)
Requirement for clean hands in writ proceedings
petitioner must forward all facts before the court; must not conceal or suppress information (Paras 41-43) Must disclose all facts, even those against him
Determination of title in writ proceedings
Disputes of title cannot be resolved in a writ petition; the recourse is to file a civil suit (Paras 53-56, 58)
Fraud generally
Fraud vitiates all orders by any court. (Paras 61-63) Misrepresentation amounts to fraud Fraudulent misrepresentation is deceit; fraud and deception are synonymous Fraud on court includes collusion or conspiracy to deprive the rights of others; transactions based on such fraud, are void ab initio
Fraud cannot be perpetuated or saved by equitable doctrine of res judicata
Refer also: Mohinder Singh vs Narain Singh KD Sharma vs SAIL, (2008) 12 SCC 481 Dwarka Prasad Agarwal vs BD Agarwal, (2003) 6 SCC 230 SP Chengalvaraya Naidu vs Jagannath, (1994) 1 SCC 1
See also: CPC - Section 11