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High Court of DelhiW.P.(C)/8351/2025

Sh.Mukesh Kumar & ANR. v. Govt. Of NCT Of Delhi & ORS.

2025-05-30Hon'Ble Mr. Justice Prateek Jalan2 pages

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8351/2025 & CM APPL. 36192/2025 SH.MUKESH KUMAR & ANR.

.....Petitioners Through:

Mr. Anunaya Mehta, Mr. Anurag Singh, Ms. Kunika C., Advocates.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Mr. M.S.

Akhtar, Advocates for R-1.

Mr. Manashwy Jha, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 30.05.2025 1.

This writ petition concerns a proposed transactions for sale of land measuring 7 Bigha 02 Biswa under Khewat No. 108, Khatauni No. 86 bearing Khasra No. 37//16(4-16) & 17/2(2-06) in the revenue estate of Village Ladpur, Delhi ["subject land"], by petitioner No. 1 in favour of petitioner No. 2, pursuant to a sale deed dated 23.05.2025. 2.

The only relief sought by the petitioners is a direction that nonavailability of a no objection certificate/land status report should not come in the way of registration of their Sale Deed, subject to the purchaser being bound by the outcome of the pending consolidation proceedings in respect of the subject land.

3.

Mr. Anunaya Mehta, learned counsel for the petitioner, relies upon decisions of this Court in Okaya Infocom Pvt. Ltd. & Anr. vs. Govt. of NCT of Delhi & Anr. [W.P.(C) 12122/2021, decided on 10.11.2023], and Smt. Nirmala Devi & Ors. v. Govt. of NCT of Delhi & Anr. and connected W.P.(C) 8351/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:41:57

matter [W.P.(C) 4046/2025, decided on 01.04.2025], both of which concern land in the very same village 4.

Moreover, a coordinate Bench in Chandan Sawhney v. State (NCT of Delhi) [2024 SCC OnLine Del 8421], following another judgment in Vinod Kumar Rajoria v. Government of NCT of Delhi and Others, [2023 SCC OnLine Del 5446], reiterated that furnishing of a No Objection Certificate/Land Status Report cannot be insisted upon for registration of a Sale Deed.

5.

Mr. Sanjay Kumar Pathak, learned Standing Counsel, who is present on advance notice, states that he does not have specific instructions with regard to whether any acquisition proceedings are pending in this case.

6.

In view of the above, the writ petition is disposed of with a direction that, subject to verification with regard to any pending acquisition proceedings, the registration of the Sale Deed will not be refused for want of sanction/approval/no objection certificate or land status reports from the Consolidation Officer. The purchaser will be bound by the outcome of the consolidation proceedings in respect of the subject land. It is made clear that registration of the Sale Deed in terms of the said order will not affect the rights of any other persons, arising from the consolidation proceedings.

7.

The writ petition is disposed of with the aforesaid directions. PRATEEK JALAN, J MAY 30, 2025/"Bhupi"/AD/ W.P.(C) 8351/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:41:57