Rohit Gupta v. Union Of India & ANR.

$~6 to 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2151/2022 ROHIT GUPTA .....Petitioner Through:

Mr. Abhishrut Singh, Advocate.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mrs. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar and Mr.

Divakar Kapil, Advs for R-1.

+ W.P.(C) 2246/2022 MADHU GUPTA .....Petitioner Through:

Mr. Abhishrut Singh, Advocate.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mrs. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S.Akhtar and Mr.

Divakar Kapil, Advs for R-1.

+ W.P.(C) 2380/2022 RAM KISHAN GUPTA .....Petitioner Through:

Mr. Abhishrut Singh, Advocate.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mrs. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S.Akhtar and Mr.

Divakar Kapil, Advs for R-1.

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.08.2025 1.

Vide impugned order dated 17th December 2021, in all these petitions, and similar other orders in these petitions, the Tehsildar who acted as the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:05:01

Land Acquisition Collector, refused to forward the reference preferred under Section 18 of the Land Acquisition Act, 1894, for the reason that the same was time barred.

2.

The fact remains that it is not for the Land Acquisition Collector/ Tehsildar to adjudicate upon the issue of limitation, as he cannot be termed as a 'Court' for the purpose of Limitation Act, 1963. 3.

In that view of the matter, impugned order dated 17th December 2021, in all these petitions, is hereby quashed and set aside. 4.

We direct the Land Acquisition Collector/Tehsildar to forward the references submitted by petitioner under Section 18 forthwith, if so required, with his comments to the competent authority for determination of the issues involved therein.

5.

Needless to clarify, we have not expressed any opinion on the merits of the matter.

6.

Accordingly, the petitions stand allowed in above terms. 7.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J AUGUST 8, 2025/RK/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:05:01