DATE OF HEARING: 11.09.2023

                                                DATE OF DISPOSAL: 11.12.2023

PER:   SMT. SARITRI PATTANAIK, MEMBER (W)

The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party (in short the O.P.) and for redressal of his  grievance before this Commission.

2. The land purchased by the complainant from one Sri Debaraj Pradhan, S/O Ganapati Pradhan resident of Kamapalli, Berhampur, Dist: Ganjam for consideration of Rs.64,000/- under registered sale deed bearing No. 3356/1980. After purchased of said land, the complainant got it mutated in her name in the year 1988 from O.P. No.1 and accordingly a record of right had been issued in favour of the complainant bearing ROR No. 1166/619, Plot No.2570/4013 & 2572/4014by the O.P.No.1. Now the complainant is in peaceful possession and enjoyment of the land and is paying cist and other related revenues to the O.P.No.1 since then. The complainant applied for demarcation of the said land through proper application before the O.P.No.1 in the year 2003 by depositing of Rs.40/- vide Receipt No. 37 dated 16.08.2003 bearing DMC No. 189/2003 and again applied in the year 2006 by depositing of Rs.40/- vide Receipt No. 383252 dated 14.06.2006 bearing DMC No. 43/2006. The O.P.No.1 is without disposing the above cases in stipulated time pending them till date. Due to non-execution of the demarcation proceeding, the complainant could not able to know the extent of the land left vacant for further extension work of the building. Due to non-construction of vacant sites, the complainant suspected that the eastern side neighbor of the complainant have encroached the said land. Due to such encroachment, the complainant approached by submitting the grievance to the Berhampur Development Authority as well as IIC, B.N.Pur, Berhampur and O.P.No.1 on 11.04.2013. Basing on such a report, the IIC, B.N.Pur police station in its letter No. DR. No. 853 dated 11.04.2013 made a requisition to the Tahasildar, Berhampur to demarcate the land. The complainant issued advocate notice U/s 80 of CPC to O.P.No.1 & 2 on 29.07.2013 through registered post but all in vain. The O.P.N o.2 duly acknowledged the said notice 31.07.2013 but did not choose to reply the reasons best known to him, whereas the O.P.No.1 neither returned the acknowledgment due nor replied. By these acts of O.Ps, the complainant is suffering from agonies mentally, physically and financially since the date. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to demarcate the land of ROR 1166/619 and submit the relevant demarcate report to the complainant, compensation of Rs.95,000/- and litigation cost of Rs.5000/- in the best interest of justice.

The O.P no.1 filed written version through Associate Government Pleader after duly acknowledge the notice of the District Commission. It is stated that the entire alleged averments made by the complainant in here complaint petition are all not hereby specifically admitted and denies as absolute falsehood and shall be demand to have been denied herein. Hence the complaint is required to provide strict proof of the same. When the complaint is in peaceful possession of the case land filing of demarcation of the same, demands unnecessary diversion of time of field functionaries who are overburdened with multifarious tasks, public hearing, e-District, enquiries, mutations etc. demarcations referred to the office by Hon’ble Civil Courts are always attached importance to. With minimum staff, it is not always possible to extend such services in a given time frame. Besides, large number of application for demarcation is made for the sake of it without any credible reason, more so, after purchase of the land or to settle score with neighbors. Many pretend note to have knowledge about the boundary of their plots they are purchasing. This leads to build up of cases, disposal of which is difficult with the existing staff strength. The suit land has been demarcated by the Revenue Inspector, Goilundi, as communicated vide his report dated 08.03.2014. It is pertinent to mention here that during mutation of suit land, the Revenue Inspector, Goilundi already has demarcated the land.  So there is no need to demarcate a particular land time and again. In this case, there has been some delay due to preoccupation of the Revenue Inspector in disposal of e-certificates at the peak seasons Urban Local Body Elections, Phaillin and General Elections 2014 etc. Since said land has already been demarcated the matter should be laid to rest. Claim of compensation of Rs.1,00,000/- including the litigation cost on the basis of an imaginary complaint is not tenable. Accordingly, the complaint petition filed by the complainant should be rejected with costs.

4. We heard the Advocates for both the parties. We perused the complaint petition, written version, and documents available in the case record. On 01.06.2023, the Ld. Dist. Commission has directed to opposite parties to file ROR copy and demarcation report which was not complied by the opposite parties so far. The opposite party no.1 also admitted in its written version that, the demarcation of vacated land available in the premises of the complainant under ROR No.: 1166/619, Plot No.2570/4013 & 2572/4014. The written version further discloses different pleas of the op no.1 to escape from the mandatory duties to issue demarcation report of the said inspection. The law is well enacted by the Govt. of Odisha under Orissa Government Land Settlement Act, 1962 that, the Tehsildar of the concerned area is the responsible office to execute and dispose all type of revenue cases as per law through Revenue Inspector of the mouza and ‘to make demarcation and identification of land leased out to the eligible beneficiaries and to give delivery of possession of such land to lessees.’Hence the opposite party no.1 cannot deny the demarcation application filed by the present complainant/beneficiary. Further the Government of Odisha from time to time issues guidelines of demarcation in the form of notifications and orders. The Revenue & Disaster Management Department in Govt. of Odisha issued one suchguideline for demarcation of land through Tehsildar vide No.:SM 117/2016 NoL38869/R&DM, Dated:13.12.2016 wherein it is held that, the Tehsildar can initiate a proceeding for demarcation on instruction/directions from any competent court; each voluntary application for demarcation filed by a party shall bear the prescribed process fee. Upon receipt of the application, the Tehsildar shall open a demarcation case record, enter the details in the register and verify the records and documents. Then he shall issue individual notice to boundary tenants inviting objection and fixing a date and place for hearing. After hearing such objections, he shall pass order, as he deems fit for demarcation of the plot(s) as prayed for, directing the R.I/A.R.I/Amin to demarcate the land in the presence of all boundary tenants/adjacent land owners on the date and time as decided by him; after demarcation is over, the Revenue field staff shall prepare a trace map, prepare a memorandum of demarcation made by him in Odia and obtain the signatures of parties and witnesses, if any, present during demarcation both on trace map and demarcation. Then he will submit the report to the concerned Tahsildar. This report will form a part of the case record. In view of the Guidelines(supra), the opposite party no.1 cannot deny to issue of final report of such demarcation carried out on dated:08.03.2014 to the complainant though it was carried out after filling of the present case.

In the result we allowed the complaint partly on contest against the opposite party no.1 and dismissed against the opposite party no.2. The opposite party no.1 is directed to issue final report of the DMC No. 189/2003 and DMC No. 43/2006 of ROR No.: 1166/619, Plot No.2570/4013 & 2572/4014 pending in the Tehsil Office, Berhampur demarcation dated: 08.03.2014 to the complainant within 45 days from the date of receipt of the order failing which the complainant is at liberty to obtain the report from the opposite party no.1 in accordance to the Consumer Protection Act, 2019.  No order as to cost and compensation.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

Supply free copy of this order to the respective parties or the copy of this order be downloaded from confonet or website of this Commission to treat same as copy supplied from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 11.12.2023