Renu Bahati vs Government Of Nct Of Delhi And Ors.

$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of Decision: November 05 , 2026
# CNR No. DLHC010479142026
+ W.P.(C) 14715/2026
RENU BAHATI .....Petitioner
Through: Ms. Razia Sultana, Mr. Rohit
Chauhan & Mr. Arshad Khan,
Advs.
versus
GOVERNMENT OF NCT OF DELHI AND ORS.
.....Respondents
Through: Mr. Nitin Kumar, Adv.
GNCTD, PC, Civil for R-1 to 4
& 6 with Mr. B. S. Rawat, CI
DTTE.
Ms. Vrinda Kapoor, ASC for
DDA with Ms. S. Soni, Adv.
for DDA.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. 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
Signature Not Verified
W.P.(C) 14715/2026 Page 1 of 4
Signed By:HARMINDER
KAUR
Signing Date:07.11.2026
22:25:51

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;”
2. 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
Signature Not Verified
W.P.(C) 14715/2026 Page 2 of 4
Signed By:HARMINDER
KAUR
Signing Date:07.11.2026
22:25:51

unable to sell the property.
3. 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.
4. 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.
5. 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.
6. In view of the above, the present petition is allowed and the
Signature Not Verified
W.P.(C) 14715/2026 Page 3 of 4
Signed By:HARMINDER
KAUR
Signing Date:07.11.2026
22:25:51

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.
7. The loss of the original documents are further directed to be
communicated to the relevant authorities to ensure and prevent its
fraudulent use.
8. 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.
9. The present petition stands allowed in the aforesaid terms.
AMIT MAHAJAN, J
NOVEMBER 5, 2026
“SK”
Signature Not Verified
W.P.(C) 14715/2026 Page 4 of 4
Signed By:HARMINDER
KAUR
Signing Date:07.11.2026
22:25:51