Deepak Kumar & ORS. v. Govt Of NCT Of Delhi

$~76 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11863/2025 & CM APPL. 48452/2025 DEEPAK KUMAR & ORS.

.....Petitioners Through:

Ms. Smita Maan, Mr. Vishal Maan and Mr. Yuvraj Dahia, Advocates.

versus GOVT OF NCT OF DELHI .....Respondent Through:

Mr. Manashwy Jha, Panel Counsel (Civil) for GNCTD.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 07.08.2025 1.

Issue notice. Mr. Manashwy Jha, learned Panel Counsel, accepts notice on behalf of the respondent.

2.

The petitioners have filed this writ petition under Article 226 of the Constitution for the following reliefs:

"i. Issue writ of Certiorari thereby setting aside and quashing the Respondent's decision dated 09.04.2025 rejecting the application bearing no. 9058000001633, for grant of NOC/ land status report in respect of subject land i.e. land measuring 4 bighas and 16 biswas comprised in khasra no. 4//8, situated in village Chandpur, Delhi; ii. Issue writ, order or direction in the nature of mandamus thereby directing respondent to grant NOC/land status report on the application bearing no. 90580000016331 for transfer of the subject land in favour of petitioners; and iii. Any other orders or directions that this Hon'ble Court may deem fit in the facts and circumstances of the present case in favour of the Petitioners and against the Respondent, may also be passed." 3.

The case of the petitioners is that the grandfather of petitioner Nos. 1 and 2 was granted bhumidari rights over 4 bighas 16 biswas of land, comprised in Khasra No. 4//8, situated in Village Chandpur, Delhi ["subject land"]. They claim to have acquired ownership and possession of the subject land by succession upon the death of the original bhumidar and his son, who was the father of petitioner Nos. 1 and 2. Petitioner Nos. W.P.(C) 11863/2025 Page 1 of 2 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 11/08/2025 at 12:42:38

1 and 2 have now entered into an agreement to sell, in respect of the subject land, in favour of petitioner No. 3. They have, therefore, sought issuance of the Land Status Report ["LSR"] alongwith a No Objection Certificate ["NOC"] from the respondent. However, this has been rejected on the ground of violation of Section 74 (4) of the Delhi Land Reforms Act, 1954.

4.

Ms. Smita Mann, learned counsel for the petitioners, relies upon the judgments of this Court inter alia in Karan Luthra vs. Govt of NCT of Delhi [W.P.(C) 5497/2023, decided on 13.03.2024] [hereinafter, "Karan Luthra"] and M/s Prabutav Estates Private Limited & Ors. vs. Govt of NCT of Delhi & Ors. [W.P.(C) 9289/2025 and connected matters, decided on 09.07.2025] [hereinafter, "Prabutav Estates"], in which a similar objection was rejected by this Court, and the respondents were directed to issue the LSR/NOC.

5.

Mr. Manaswhy Jha, who appears on advance instructions, does not point out any distinction between the present case and the cases considered in the aforesaid judgments. He also confirms that no acquisition proceedings are pending in respect of the subject land. 6.

The petitioners' claims are thus covered by the judgments in Karan Luthra and Prabutav Estates. The petition is allowed, and the respondent is directed to issue the requisite LSR/NOC within a period of four weeks from today.

7.

The writ petition, alongwith pending application, is disposed of in the aforesaid terms.

PRATEEK JALAN, J AUGUST 7, 2025 SS/KA/ W.P.(C) 11863/2025 Page 2 of 2 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 11/08/2025 at 12:42:38