Anil Kumar And ANR v. Govt. Of NCT Of Delhi And ORS.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6425/2026, CM APPL. 31679/2026 ANIL KUMAR AND ANR .....Petitioners Through:

Mr. Viksit Singh, Mr. Deepanshu Malik, Advocates.

versus GOVT. OF NCT OF DELHI AND ORS.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC for R-1 with Mr. Sunil Kumar Jha and Mr.

Kushagra Dixit, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 12.05.2026 1.

Petitioner No. 1 is a recorded co-owner/co-bhumidhar to the extent of 1/3rd share in agricultural land bearing Khasra Nos. 1 etc./75 (7-15) and 1 etc./633 (2-05), total measuring 10 Bigha, situated within the revenue estate of Village Mundhela Khurd, Tehsil Najafgarh, District South-West, Delhi. Petitioner No. 2 is the intending purchaser of the share of Petitioner No. 1 in the aforesaid land.

2.

It is stated that, owing to bona fide personal and financial requirements, Petitioner No. 1 agreed to sell his 1/3rd share, equivalent to 3 Bigha 6 Biswas and 131⁄3 Biswansi, to Petitioner No. 2 and, accordingly, a Sale Deed dated 05th May, 2025 was executed between the Petitioners in respect thereof.

3.

The Petitioners state that the aforesaid Sale Deed was presented before Respondent No. 4, i.e., Sub-Registrar-IX(A), Najafgarh, for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registration on 07th May, 2025. However, the registration has not been processed further on account of insistence upon a No Objection Certificate ["NOC"] / Land Status Report ["LSR"] / sanction under Section 30 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, purportedly on the ground that Village Mundhela Khurd is under consolidation proceedings. Aggrieved thereby, the Petitioners have invoked the writ jurisdiction of this Court.

4.

Counsel for the Respondents submits that since the land is under consolidation proceedings, any transfer would require NOC/LSR/sanction and verification from the competent authority. 5.

Be that as it may, insofar as insistence on an NOC/LSR/sanction on account of pending consolidation proceedings is concerned, this Court in Okaya Infocom Pvt. Ltd. & Anr. v. Govt. of NCT of Delhi & Anr.1 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 an 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. 6.

The aforesaid legal position has been reiterated in subsequent decisions, including 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 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.

consolidation proceedings, is equally applicable to the present case. 7.

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. 8.

Accordingly, it is directed as under:

(i) The affidavits/undertakings already placed on record by the Petitioners is taken on record and accepted. The Petitioners shall remain bound by the same.

(ii) Any breach of the aforesaid undertakings shall entail consequences in accordance with law. The undertakings shall also form part of the Sale Deed so as to put any subsequent transferee to notice. (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 Sale Deed shall not be refused solely on the ground of pendency of consolidation proceedings or non-availability of any NOC/LSR/sanction 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. 9.

With the foregoing directions, the petition is disposed of, along with the pending application.

SANJEEV NARULA, J MAY 12, 2026 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.