High Court of DelhiW.P.(C)/1916/2026

Indupreet Thukral And ORS v. The Govt Of NCT Of Delhi And ANR

2026-02-10Hon'Ble Mr. Justice Sanjeev Narula3 pages

Mr. Anroop P.S., Mr. S.S. Rana, Mr.

Gopal Rana, Mr. Virender Kumar, Advocates.

versus THE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:

Ms. Avni Singh, Panel Counsel (Civil) with Mr. Vaibhav Sharma, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.02.2026 1.

The Petitioners are parties to a sale transaction in respect of land measuring 2 Bigha 08 Biswa comprised in Khasra No. 92//23 (South Side), situated in the revenue estate of Village Kanjhawala, Delhi. 2.

A sale deed dated 9th January, 2026 has already been executed by Petitioner No. 3 in favour of Petitioners No. 1 and 2 and was presented for registration before Respondent No. 1/Sub-Registrar, Kanjhawala vide receipt/slip no. 2026/14/203. However, the document has not been registered on account of insistence upon a sanction/NOC from the Consolidation Officer (Respondent No. 2). No formal order of refusal has been passed. The inaction has constrained the Petitioners to invoke the writ jurisdiction of this Court.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Counsel for the Respondents submits that the land in question is situated in a village where consolidation proceedings have been pending since long, and therefore sanction under Section 30 of the East Punjab Holdings (Consolidation and Fragmentation) Act, 1948 is required before registration of the sale deed.

Insofar as the insistence on a sanction/NOC founded on the pendency of consolidation proceedings is concerned, this Court in Okaya Infocom Pvt. Ltd. & Anr. v. Govt. of NCT of Delhi & Anr.1, while dealing with the registration of sale deeds, held that having regard to the prolonged nature of consolidation proceedings, registration of such documents cannot be indefinitely withheld solely on the ground of non-availability of a sanction/NOC. The Sub-Registrar was directed to proceed in accordance with law, without insisting upon any sanction, approval, or NOC linked exclusively to consolidation proceedings.

The aforesaid legal position was reiterated by this Court in Jeevantika Organic Farming LLP v. Govt. of NCT of Delhi & Ors.2, wherein, while taking note of the stand of the Government, this Court balanced equities by requiring the intending purchaser(s) therein to furnish an undertaking. The underlying principle, namely that registration cannot be stalled indefinitely on account of pending consolidation proceedings, is equally applicable to the present case.

In view of the aforesaid legal position, and having regard to the facts of the present case, this Court is of the opinion that the writ petition can be disposed of by issuing directions in similar terms. 1 In W.P.(C) 12122/2021, decided on 10th November, 2023. 2 In W.P. (C) 12083/2025 & other connected matters decided on 12th August, 2025. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Accordingly, it is directed as under:

(i) The Petitioners No. 1 and 2 shall file an undertaking by way of an affidavit stating that the factum of this order shall be disclosed in the event of any further transaction relating to the subject land, prior to the conclusion of the consolidation proceedings. The undertaking already filed is taken on record and shall operate to the aforesaid effect. The Petitioners shall remain bound thereby.

(ii) Any breach of the aforesaid undertaking shall entail consequences in accordance with law. The said undertaking shall also form part of the proposed Sale Deed, so as to put any subsequent transferee to notice of the subsisting undertaking.

(iii) Subject to verification of the land acquisition status by the competent authority, and in line with the decisions in Okaya Infocom Pvt. Ltd. and Jeevantika Organic Farming LLP, it is directed that the registration of the proposed Sale Deed shall not be refused solely on the ground of pendency of consolidation proceedings or non-availability of any sanction/ NOC in that regard, and shall be processed further in accordance with law. (iv) It is clarified that the registration shall be without prejudice to the pending consolidation proceedings and shall remain subject to the rights, claims, and contentions of third parties, if any. 8.

With the following directions, the petition is disposed of along with pending application(s), if any.

SANJEEV NARULA, J FEBRUARY 10, 2026/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.