IN THE HIGH COURT OF DELHI AT NEW DELHI 
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         W.P.(C) 9525/2003  
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 RAVI KUMAR JAIN                            ..... Petitioner 
 Through:       Mr. Daljit Singh, Sr. Advocate with Mr. Vikram Nandrajog, 
 Advocate 
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 versus 
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 D.D.A. and ORS.                                   ..... Respondents 
 Through:       Mr. Ajay Verma, Standing Counsel for DDA 
 Ms. Rachhita Priyanka for Mr. Rajeeve Mehra, Advocate for ASI 
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 CORAM: 
 HON?BLE MR. JUSTICE VIPIN SANGHI 
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 O R D E R 
        29.08.2008 
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 One of the primary disputes arising in this petition is as to whether the 
 petitioner has a clear motorable access to his property situated in Khasra 
 No.1569, Village Mehrauli, New Delhi.  While it is contended by the petitioner 
 that on account of acquisition of the adjoining lands, the motorable access to 
 . 
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 the petitioner?s land has been cut off, it is contended by the respondent DDA as 
 well as the Archeological Survey of India that the petitioner still has 
 motorable access to his land.  Apart from this the other submission of the 
 respondent is that there is no obligation on their part to provide a motorable 
 access to the petitioner and the correct remedy for him to invoke is to file a 
 civil suit in case he wishes to seek easementary rights. 
 Before proceeding further, in my view, it will be appropriate to get a 
 clearer and definite picture with regard to the existing passage(s), if any, to 
 the petitioner?s property from the main road.  Learned counsel for the 
 petitioner submits that the Court may appoint a local commissioner to verify the 
 possession.  The respondents also agrees to the said position. Accordingly, I 
 appoint Mr. OM Prakash,, Advocate, Mobile No.9810794902 as a local commissioner, 
 who would visit the site in question and ascertain as to what are the passage(s) 
 available to the petitioner, the width of the passage(s) at various points and 
 whether any of them is/are motorable to approach the petitioner?s property.  He 
 may also suggest the ways and means of providing a motorable access from out of 
 the existing passage(s), in case such a passage already does not exist.  The 
 local commissioner shall also take photographs and shall also be provided with 
 the plans, which have been placed on record by the respective parties so that he 
 is able to execute the commission.  He will also have a plan prepared and file 
 it with the report showing the existing passage(s).  Let the report be filed 
 within four weeks.  The parties shall be given advance notice by the local 
 commissioner before he conducts the commission.  The fee of the local 
 commissioner is fixed at Rs.40,000/-, apart from out of pocket expenses. 
 Adjourned to 07.11.2008. 
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 VIPIN SANGHI, J. 
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 AUGUST 29, 2008 
 rsk 
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