Sh. Rakesh Kumar v. Govt. Of NCT Of Delhi & ORS.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11281/2024, CM APPL. 71932/2025 SH. RAKESH KUMAR .....Petitioner Through:

Mr. Vikram Singh, Ms. Mahima Ahuja and Ms. Jina Sharma, Advocates.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Kamakshi Sehgal, Advocate for DDA.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 25.02.2026 1.

The present petition concerns a dispute relating to demarcation of agricultural land. The Petitioner claims co-ownership over land comprised in Khasra Nos. 51/19 (2-0), 51/23 (2-2), 52/24 (0-15) situated at Village Shahbad Daulatpur, Delhi.

2.

The Petitioner had applied on 20th July, 2021 to the Tehsildar (Alipur) for demarcation and deposited the requisite fee. A notice was issued and proceedings were undertaken on 27th October, 2021; however, the demarcation was not completed. Despite subsequent representations, no final demarcation has been carried out. The stand of the authorities is that demarcation cannot be undertaken as Village Shahbad Daulatpur stands urbanised, which position is not in dispute.

3.

The legal position in this regard has been settled by the Supreme 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 26/02/2026 at 13:07:47

Court in in Mohinder Singh (dead) through LRs & Anr. v. Narain Singh & Ors1. In this backdrop, it has also been brought to the notice of this Court that the issue regarding the competent authority to carry out demarcation after urbanisation is presently pending consideration before a Larger Bench of this Court in O.REF. 1/2024, titled Court on its Own Motion v. NEMO. 4.

In view of the above, no useful purpose would be served in keeping this petition pending. The petition is accordingly disposed of, with liberty to the Petitioner to approach the concerned notified authority, subject to the decision of the Larger Bench. Upon such an application being made, the said authority shall undertake the demarcation.

5.

Considering that the Petitioner's grievance has remained pending for a considerable period, it is directed that, subject to the outcome of the reference, the Petitioner's application when filed before the notified authority shall be dealt with expeditiously.

6.

With the above directions, reserving all rights and contentions of the parties, the present petition is disposed of, along with any pending application(s).

SANJEEV NARULA, J FEBRUARY 25, 2026 nk 1 Civil Appeal No. 3828/2017.

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 26/02/2026 at 13:07:47