Sh. Hari Chand v. Union Of India And ANR.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9377/2019 SH. HARI CHAND .....Petitioner Through:

Mr. Ashish Negi, Advocate.

versus UNION OF INDIA AND ANR.

.....Respondents Through:

Mr. Vikrant N. Goyal, Mr. Yash Basoya & Mr.

Kunal Dixit, Advocates for UOI.

Mr. Sanjay Kumar Pathak, SC with Mrs. K. K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. Mohd. S. Akhtar & Mr. D. Kapil, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.01.2026 1.

This writ petition under Article 226 of the Constitution of India has been filed by the Petitioner, who appears before this Court as the Attorney of the original allottee, Shri Khem Chand, seeking possession of land bearing Khasra Nos. 302 (1-0), 911 (1-10), 929/2 (2-14), 966 (4-16), 976/2 (2-2), 980 (1-0) and 1083 min (3-04), admeasuring a total of 16 bighas and 6 biswas, situated in Village Sat Bari, Mehrauli, Delhi. 2.

The litigation has a long and chequered history. However, for the purposes of the present proceedings, it is sufficient to note that the Petitioner contends that an allotment of the aforesaid land was made in favour of Shri The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Khem Chand vide order dated 3rd November, 1998, issued by the Government of NCT of Delhi, Land & Building Department, Evacuee Property Cell, and that possession pursuant thereto was never handed over. The relevant extract of the allotment order reads as under: 'Shri Khem Chand S/o Shri Bhawani Dass a displaced person having land claim registered at NO.D/KM/90329/l. To satisfy this claim, he is allotted Khasra No. 302(1-0), 911(1-10), 929/2(2-14), 966(4-16) and 976/2(2-2), 980(1-0) and 1083 min (3-04). Total 16 Bigha 06 Bishwa, situated in village Sat Bari on temporary basis.'

3.

The Respondents, in their counter-affidavit, state that the land in question had already been notified for acquisition vide notification dated 27th November, 1980, issued under Section 4 of the Land Acquisition Act, 1894, for the public purpose of planned development of Delhi. This was followed by a declaration under Section 6 of the Act dated 27th May, 1985, culminating in Award No. 14/1987-88. It is contended that upon passing of the award, the land stood vested in the State. 4.

In view of the aforesaid acquisition proceedings having attained finality much prior to the allotment relied upon by the Petitioner, this Court is of the opinion that no direction for grant of possession of the land comprised in the aforementioned Khasra numbers, admeasuring 16 bighas and 6 biswas, can be issued in favour of the Petitioner. 5.

Counsel for the Respondents submits that, in the event the Petitioner claims any entitlement arising out of the acquisition, the appropriate remedy would be to pursue a claim before the Land Acquisition Collector in accordance with law. Considering that the dispute has remained pending for a considerable period of time, it is directed that if such a claim is filed, the Land Acquisition Collector shall examine the same expeditiously and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

conclude the proceedings without unnecessary delay. 6.

In light of the foregoing, the present petition is disposed of along with any pending application(s).

SANJEEV NARULA, J JANUARY 22, 2026/hc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.