Nirmla Devi & ANR. v. Govt. Of NCT Of Delhi & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7753/2026 & CM APPL. 37516/2026 NIRMLA DEVI & ANR.

.....Petitioners Through:

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

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Raghvendra Upadhyay, Panel Counsel for GNCTD with Ms.

Purnima Jain, Mr. Madhur, Advocates for R-1 & 2.

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr. Sunil Kumar Jha, Mr. M.S. Akhtar, Ms. Joohu Kumari, Mr. Kushagra Dixit, Advocates for LAC.

Mr. Mohit Agarwal, Mr. Prerak Khurana, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 29.05.2026 1.

The Petitioners state that Petitioner No. 2, namely Ms. Sunil Kumari, is the co-owner/co-bhumidhar to the extent of 1/4th share, equivalent to approximately 02 Bighas 07 Biswas 05 Biswansi, in agricultural land comprised in Khata No. 119/110, bearing Khasra No. 1 etc./303 (9-9), situated in the revenue estate of Village Mundhela Khurd, Tehsil Najafgarh, Delhi. It is stated that Petitioner No. 1, namely Ms. Nirmala Devi, is the intending purchaser of the said share.

2.

It is stated that Petitioner No. 2 acquired the aforesaid share by virtue of a Sale Deed dated 27th March, 2025, which came to be registered on 01st April, 2026 pursuant to the order dated 25th February, 2026 passed by this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court in W.P.(C) 2521/2026. Petitioner No. 2 now propose to execute a Sale Deed in respect of the aforesaid share in favour of Petitioner No. 1. 3.

It is stated that the Petitioners intend to present the proposed Sale Deed before Respondent No. 4, i.e., the Sub-Registrar IX(A), Najafgarh, for registration. The grievance of the Petitioners is that they have been informed that the proposed Sale Deed cannot be registered on account of the pendency of consolidation proceedings in Village Mundhela Khurd and in the absence of sanction/NOC under Section 30 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Aggrieved thereby, the Petitioners have approached this Court. 4.

Mr. Raghvendra Upadhyay, Panel Counsel for GNCTD, fairly submits that the issue raised in the present petition is covered by the decisions of this Court in Okaya Infocom Pvt. Ltd. & Anr. v. Govt. of NCT of Delhi & Anr.1 and subsequent orders following the same. Mr. Upadhyay also places reliance upon Circular dated 14th August, 2025 issued by the Government of NCT of Delhi. In view thereof, it is submitted that the Respondents are not insisting upon any NOC/sanction at this stage for registration of the proposed Sale Deed.

5.

Indeed, in Okaya Infocom Pvt. Ltd., this Court held that, having regard to the prolonged nature of consolidation proceedings, registration of such documents cannot be indefinitely withheld solely on the ground of nonavailability 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 has been reiterated in several decisions, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 consolidation proceedings, is equally applicable to the present case.

7.

For the foregoing reasons and having regard to the facts of the present case, and particularly in light of the stand taken by the Respondents, 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 are 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 proposed 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 proposed Sale Deed shall not be refused solely on the ground of pendency of consolidation proceedings or non-availability of any NOC/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 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.

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 29, 2026/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.