Shopal Dabas & ANR. v. G N C T Of Delhi Through Chief Secretary & ORS.

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6955/2026 & CM APPL. 34217/2026 SHOPAL DABAS & ANR.

.....Petitioners Through:

Mr. Vineet Dabas, Advocate.

versus G N C T OF DELHI THROUGH CHIEF SECRETARY & ORS. .....Respondents Through:

Ms. Nitika Bhutani, Panel Counsel, GNCTD for R-1 to R-3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 19.05.2026 1.

The Petitioners are the beneficiaries/donees under a Gift Deed dated 07th July, 2020 in respect of the donor's 195/1560th share (1/8th share) in agricultural land admeasuring 78 Bighas, comprised in Khasras No. 5//22 (4-16), l0/2/2 (3-12), 3 (4-16), 8 (4-16), 9 (4-16), 12 (4-16), 13 (4-16), 19//24 (4-16), 25/2 (4-12), 24/3 (4-16), 4 (4-16), 5/2 (2-06), 6/12 (2-06), 24//7/1 (4- 12), 8/1 (0-16), 15 (4-16), 27//20/2 (l-15), 21/1 (4-16), 22 (4-16) and 28//25/2 (0-09), situated in the revenue estate of Village Ladpur, Delhi - 110081. It is stated that Respondent No. 4, namely Mr. Baljeet Singh, was the recorded co-owner/bhumidhar in possession of the aforesaid share in the said land.

2.

It is stated that Respondent No. 4, out of love and affection, executed the Gift Deed dated 07th July, 2020 in favour of the Petitioners, who are his son and daughter-in-law, in respect of the aforesaid share in the land. 3.

It is stated that the aforesaid Gift Deed was presented before Respondent No. 3, i.e., the Sub-Registrar, VI-D, Kanjhawala, on 07th July, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2020 after compliance with the requisite legal formalities. However, the document has not been registered on account of pendency of consolidation proceedings in Village Kanjhawala and the requirement of sanction under Section 30 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Aggrieved thereby, the Petitioner has approached this Court.

4.

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

5.

Insofar as the insistence on a sanction 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 an NOC/sanction. 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, though rendered in the context of sale deeds, 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 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 Gift 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 Gift Deed shall not be refused solely on the ground of pendency of consolidation proceedings or non-availability of any 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 19, 2026/hc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.