Paras Ram Sharma v. Union Of India & ORS.

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1189/2026 & CM APPL. 5835/2026 PARAS RAM SHARMA .....Petitioner Through:

Mr. M.C. Verma, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr Sanjay Kumar Pathak, Standing Counsel with Mr Sunil Kumar Jha, Mr Mohd Sueb Akhtar & Mrs Joohu Kumari, Advocates for R-2.

Ms.

Shobhana Takiar, Standing Counsel for DDA with Mr. Shivam Takiar, Mr. Prateek Dhir, Mr. Kuljeet Singh, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 28.01.2026 1.

This hearing has been done through hybrid mode. CM APPL. 5835/2026 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. 3.

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking forwarding of the reference under Section 18 of Land Acquisition Act, 1894 (hereinafter 'the Act') to the concerned District Judge.

4.

The notification in this matter was issued on 21st March, 2003 under Section 4 of the Act in respect of land at Village Barwala, Delhi. This was followed by notification under Section 6 of the Act on 19th March, 2004. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The award in this matter was passed on 5th August, 2005 in respect of land measuring 6129 bigha 10 biswa 10 biswansi in village Barwala. After the passing of the award, the possession is stated to have been taken by the authority. The Petitioner claims that he has filed a reference on 30th January, 2006 under Section 18 of the Act.

6.

On a query from the Court as to why the Petitioner has come after a period of 20 years seeking forwarding of the reference, Mr. Verma, ld. Counsel for the Petitioner submits that in respect of the same village, the reference under Section 18 of the Act was answered by the Reference Court only in 2018 and the enhancement was given of Rs.4,80,750/- per acre. 7.

According to the Petitioner, he has been visiting the LAC office regularly but the reference is not being forwarded. 8.

The Court has perused the record. In the application under Section 18 of the Act, apart from the diary number being written as 23795/NT/LAC dated 30th January, 2006, there is no seal of the LAC. An application has now been filed on 19th March, 2024 for forwarding the reference. There is enormous delay and latches in this matter.

9.

Moreover, this Court has also come across several cases where the filing of the application under Section 18 of the Act and the seal itself is being disputed by the LAC as being fake. Under these circumstances, the following directions are issued:

i) The application of the Petitioner under Section 18 of the Act shall be examined and scrutinized. Let the LAC also scrutinize whether the same was filed in the year 2006 or not;

ii) If the same is found to have been actually filed before the LAC, then the same would be forwarded to the concerned District Judge. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

However, if the same is found to be doubtful, the application shall be forwarded to the concerned District Judge and the said District Judge shall take a view as to whether this application was even filed in 2006 or not. If required evidence may be recorded by the concerned District Judge, on this aspect as well.

10.

The decision on verification by the LAC for forwarding the reference shall be taken within a period of three months in accordance with law. 11.

The petition is disposed of in these terms. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J MADHU JAIN, J JANUARY 28, 2026 Rahul/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.