High Court of DelhiW.P.(C)/7658/2024

Suman Jain v. Union Of India & ANR.

2026-03-27Hon'Ble Ms. Justice Prathiba M. Singh,Hon'Ble Mr. Justice Madhu Jain6 pages

$~18 to 20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7658/2024 SUMAN JAIN .....Petitioner Through:

Mr. Manmohan Swaroop & Ms.

Sanyogita Swaroop, Advs.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr. Sunil Kumar Jha, Miss Joohu Kumari, Advs. for R-1.

Mr. Roshan Lal Goel & Ms. Anju Gupta, Advs. for MCD.

WITH + W.P.(C) 7665/2024 MADHU MALHOTRA .....Petitioner Through:

Mr. Manmohan Swaroop & Ms.

Sanyogita Swaroop, Advs.

versus UNION OF INDIA & ANR ......Respondents Through:

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr. Sunil Kumar Jha, Miss Joohu Kumari, Advs. for R-1.

Mr. Roshan Lal Goel & Ms. Anju Gupta, Advs. for MCD + W.P.(C) 7813/2024 & CM APPL. 32382/2024 YOGINDER KUMAR GAUR .....Petitioner Through:

Mr. Manmohan Swaroop & Ms.

Sanyogita Swaroop, Advs.

versus UNION OF INDIA & ANR.

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

Through:

Mr. Sanjay Kumar Pathak, Standing Counsel with Mr. Sunil Kumar Jha, Miss Joohu Kumari, Advs. for R-1.

Mr. Roshan Lal Goel & Ms. Anju Gupta, Advs. for MCD

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 27.03.2026 1.

This hearing has been done through hybrid mode. 2.

The Petitioners claim to be the owners/landlords of the following properties:

Writ Petition No.

Parties Khasra No.

Date of Section 4 Award Smt. Suman Jain Land Measuring 97.78 Sq.

Yard in Khasra No.1936/50 22nd March, Award bearing no.

1/2008-09 dated 30th April, 2008 W.P.(C) 7658/2024 Smt. Madhu Malhotra Land Measuring 147.71 Sq.

Yard in Khasra No.

1936/50 22nd March, Award bearing no.

1/2008-09 dated 30th April, 2008 W.P.(C) 7665/2024 Award bearing no.

1/2008-09 dated 30th April, 2008 Shri.

Yoginder Kumar Gaur Land Measuring 70 Sq. Yard in Khasra No. 1936/50 22nd March, W.P.(C) 7813/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The case of the Petitioners is that after the notification under Section 4 of the Land Acquisition Act, 1894 was issued, compensation was also deposited by the Municipal Corporation of Delhi (hereinafter, 'MCD') with the concerned judge in the Karkardooma Court, Delhi. The Petitioners had thereafter, also filed petitions directly under Sections 30 and 31 of the Land Acquisition Act, 1894 which were dismissed vide orders dated 16th December, 2023. The said orders dated 16th December, 2023 are extracted below:

In W.P.(C) 7658/2024 -LAC No. 01/22 titled 'Suman Jain v. UOI &. Anr.' "Since the matter was listed for filing reply to the petition. Reply has not be filed so far on behalf of respondents. Heard. Perused.

Present claim is u/s 30 & 31 of Land Acquisition Act which has been directly filed before this court, whereas the claimant should have approached the LAC department and then concerned department refers the reference u/s 30 & 31 LA Act before the court for proper adjudication. Therefore, in view of the above, the present claim is not maintainable in its present form and is dismissed accordingly.

File be consigned to record room."

In W.P.(C) 7665/2024 -LAC No. 02/22 titled 'Madhu Malhotra v. UOI &. Anr.'

"Since the matter was listed for filing reply to the petition. Reply has not be filed so far on behalf of respondents. Heard. Perused.

present form and is dismissed accordingly.

File be consigned to record room."

In W.P.(C) 7813/2024 -LAC No. 03/22 titled 'Yoginder Kumar Gaur v. UOI & Anr.'

"Since the matter was listed for filing reply to the petition. Reply has not be filed so far on behalf of respondents. Heard. Perused.

File be consigned to record room."

In view of the above orders, the Petitioners approached the LAC demanding compensation. Earlier, the Petitioners had also filed objections against the notice, however, the Award bearing no. 1/2008-09 was passed on 30th April, 2008. The grievance of the Petitioners is that the compensation has not yet been released to the Petitioners. The prayer in these petitions are as under:

In W.P.(C) 7658/2024 "a. Declare the acquisition proceedings initiated under the Land Acquisition Act, 1894 in award no. 1/2008-09 dated 30/04.2008, GT Road Shahdara with regard to the acquisition of petitioner's 147.71 sq. Yards land, out of Khasra no. 1936/50, Khewat no. 724 and Khata Khatoni no 773, situated at G. T. Road, in the abadi of Kabool Nagar , Main G.T. Road, Illaqua Shahdara, Delhi110095 be deemed as lapsed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compensation to the petitioner in terms of Award No. 1/2008-09 dated 30.04.2008.

c. Directing the Respondents to pay damages to the Petitioner for the acquired land and the loss suffered by petitioner on account of compulsory acquisition or d. Any other relief in terms of condition as per amended act and scheme of government be passed in favour of the petitioner."

In W.P.(C) 7665/2024 "a. Declare the acquisition proceedings initiated under the Land Acquisition Act, 1894 in award no. 1/2008-09 dated 30/04.2008, GT Road Shahdara with regard to the acquisition of petitioner's 147.71 sq. Yards land, out of Khasra no. 1936/50, Khewat no. 724 and Khata Khatoni no 773, situated at G. T. Road, in the abadi of Kabool Nagar , Main G.T. Road, Illaqua Shahdara, Delhi110095 be deemed as lapsed. compensation to the petitioner in terms of Award No. 1/2008-09 dated 30.04.2008.

In W.P.(C) 7813/2024 "a. Declare the acquisition proceedings initiated under the Land Acquisition Act, 1894 in award no. 1/2008-09, GT Road Shahdara with regard to the acquisition of petitioner's 70 sq.Yards land, out of Khasra no. 1936/50, Khewat no. 724 and Khata Khatoni no 773, situated at G. T. Road, in the abadi of Kabool Nagar , The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Main G.T. Road, Illaqua Shahdara, Delhi-110095 be deemed as lapsed.

compensation to the petitioner in terms of Award No. 1/2008-09 dated 30.04.2008.

By virtue of orders dated 27th May, 2024 in W.P.(C) 7658/2024 and W.P. (C) 7665/2024 and vide order dated 28th May, 2024 in W.P.(C) 7813/2024 passed by this Court, the Petitioners have already given up prayer (a) as the possession of the land has already been taken over. The only issue now relates only to the compensation.

Considering this position, let the Petitioners appear before the LAC on 15th April, 2026. After examining the documents, the LAC shall forward the reference to the concerned District Judge for the purpose of consideration of the claims of the Petitioners. It is made clear that the same shall be forwarded by 15th May, 2026.

These petitions are disposed of in the above terms. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

MADHU JAIN, J.

MARCH 27, 2026 Rahul/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.