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Judgment
AMIT MAHAJAN, J. (Oral)
By the present petition, the petitioner seeks the following reliefs:
“i.Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to formally acknowledge and certify that the original title documents relating to the Petitioner's DDA flat I.E. A- 175, Block A, Pocket 3, Bindapur, DDA Flat Dwarka, Delhi-110059 were lost/not traceable while in the custody of the Government/DTTE/Accounts authorities;
ii.Direct the Respondents to place before this Hon’ble Court the complete chain of custody of the original documents from the date of their deposit until the date on which they were found missing, further direct the Respondents to conduct appropriate departmental inquiry against the officer responsible for their custody;
iii.Direct the Respondents to obtain, at their own cost the reconstituted documents of every document which was originally deposited as HBA security and hand over the same to the Petitioner;
iv.Direct the Respondents to communicate the loss of the original documents to the DDA, concerned Sub-Registrar and other relevant authorities to prevent misuse of the lost originals and any other necessary protective measures;
v.Direct the Respondents to bear the entire expenditure incurred on reconstitution/ reconstruction/re-registered documentation through the competent authority, publication, registration-related steps;
vi.Direct the Respondents to pay to the Petitioner appropriate compensation for the loss of the original title documents of property;
vii.Award costs of the present proceedings in favour of the Petitioner;”
Briefly stated, the petitioner is stated to be the widow and legal heir of Late Shri Rajan Bahati who expired on 12.06.2013. During the service tenure of Shri Rajan Bahati as HOD, Pusa Polytechnic, he was sanctioned a House Building Advance (‘HBA’) of ₹1,25,000/- for purchasing the property bearing DDA Flat No. A-175, Block A, Pocket 3, Bindapur, Dwarka, Delhi. In connection with the same, it is the case of the petitioner that original documents including Mortgage Deed, Memorandum, Flat Plan, Possession Slip, Insurance Policy and other documents were deposited with the respondents as security for HBA. Further, the title deed of the subject property was also submitted to the respondents on 22.12.1999. The petitioner is aggrieved that the original documents which were furnished to the respondent authorities as Security for HBA have been lost in their official custody as a consequence of which the petitioner is also unable to sell the property.
A perusal of the record reflects that the original mortgage and connected property documents were deposited with the respondent authorities for safe custody until the repayment of the HBA. It is borne out from the record that the Pay and Accounts Office, by its certificate dated 09.03.2026, had confirmed that the HBA principal and the applicable interest stood recovered and no amount remained due. The purpose for which the original documents were retained thus came to an end and the petitioner became entitled to their return.
However, as is evident from the letter dated 27.04.2026, it is the admitted case of the respondent authorities that the original documents are not traceable in the department record. The lodging of a lost document information report and supply of certified copies cannot be regarded as a complete restitution for the loss caused to the petitioner. A public authority cannot escape its obligation by simply handing over certified copies after losing valuable documents entrusted to it.
The hardship suffered by the petitioner is further aggravated by the fact that the petitioner has been continuously pursuing the matter before the concerned authorities for more than a decade. The record reflects that repeated representations, reminders and personal visits were made by the petitioner from the year 2013. Despite such persistent efforts, and notwithstanding the clearance of HBA, the original documents were not returned and they also admittedly became non traceable while in the custody of the respondents.
In view of the above, the present petition is allowed and the respondent authorities are directed to reconstitute/reconstruct the documents originally deposited as HBA security and hand over the same to the Petitioner within a period of six weeks. The respondents are directed to bear all the expenditure associated with the loss including charges for obtaining certified records, their reconstruction and all other incidental expenses.
The loss of the original documents are further directed to be communicated to the relevant authorities to ensure and prevent its fraudulent use.
Further, in view of the prolonged administrative apathy causing considerable hardship to the petitioner, a cost of ₹3,00,000/- is imposed upon Respondent No. 2 to be paid to the petitioner within a period of four weeks. Respondent No.2 is at liberty to recover the said amount personally from the officer/(s) who are responsible for the concerned loss.
The present petition stands allowed in the aforesaid terms.