Delhi HC Rejects Litigant's Appeal Claiming Ownership Of Land Between Ganga And Yamuna From Agra To Gurugram, Imposes ₹1 Lakh Costs

The Delhi High Court on Thursday dismissed with Rs. 1 lakh costs the appeal moved by a litigant, Kunwar Mahendra Dhwaj Prasad Singh, who claimed property rights on the territory of Agra, running between rivers Yamuna and Ganga, to Meerut and other places including 65 revenue estates of Delhi, Gurugram and Uttarakhand.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora upheld the single judge's order which dismissed Singh's plea with Rs. 10,000 costs.

Singh had sought a direction on the Union Government to adopt the process of merger, accession or enter into treaty with him for his claimed territory and pay the due compensation to him.

Imposing Rs. 1 lakh costs on Singh, the division bench said that Singh's prayer was clearly barred by delay and laches as well as the principle of extinguishment as the petition was filed more than 78 years after India's independence.

It agreed with the single judge's view that Singh's claim concerned pure question of facts which cannot be adjudicated in writ proceedings.

“You say you own entire area between Yamuna and Ganga. On what basis you're coming? After 75 years you have woken up,” the bench remarked.

It added: “The grievance arose in 1947…. Isn't it too late in the day to contest this? This is 1947 and we are in 2024. Many years have gone by. Whether you're the raja or not, we don't know. You can't complain today that you've been deprived in 1947.”

The court further said that all disputes in the matter were question of facts which cannot be decided in writ proceedings, that too after so many years.

“We cannot help you in this now. This is too late in the day. How do we know you're the owner. We don't have the papers. This is all barred by delay and laches. You file a suit, claim a declaration. We don't know. Nothing now today. How can it be now?,” the court said.

Singh claimed to be a successor and heir of the Beswan family. He also sought a direction on the Union Government not to conduct election for Lok Sabha, Rajya Sabha, Assemblies, Local Bodies within the territories claimed by him, without following the due process of law for merger.

Singh said that he is the only surviving son of the four sons of Raja Thakur Mat Matang Dhwaj Prasad Singh and claimed to be the present Ruler of the Beswan Avibhajya Rajya.

He further claimed that the Beswan Avibhajya Rajya as on date holds the status of a Princely State and the Beswan family holds the territories of United Provinces of Agra running between river Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahar and other territories.

Notably, Singh in 2022 moved an intervention application before Saket Court in connection with the appeals seeking restoration of alleged temples in Qutub Minar complex. He claimed territorial right over the land where the complex is situated.

The said application was dismissed by the Additional District Judge.

Title: KUNWAR MAHENDER DHWAJ PRASAD SINGH v. UNION OF INDIA

Citation: 2024 LiveLaw (Del) 303