Aditya Dalmia v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ADITYA DALMIA .....Petitioner Through:

Mr. Praveen Mishra, Mr. Krishna Gopal Mishra, Ms. Sachi Mishra & Mr. Vivek Gupta, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr Rakesh Kumar, SPC with Ms.Rakshita Goyal, GP and Mr.Sunil, Advocates for UOI.

Ms. Manika Tripathy, SC with Mr.

Ashutosh Kaushik, Mr. Raman Khan & Ms. Yimcha Longchar, Advs.

Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Mr. M.S. Akhtar & Ms. Joohu Kumari, Advs. for R2&4.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 09.04.2026 1.

This hearing has been done through hybrid mode. CM APPL. 16068/2026 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. 3.

The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India, inter alia, seeking demarcation of the land in respect of Khasra no. 187 (2-15), 189 (2-16) part i and ii of Village Ladda Sarai.

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4.

The Petitioner is stated to be a Power of Attorney holder of Mr. Anil Parashar challenging the acquisition relating to Khasra Nos. 187 (2 Bigha 15 Biswas) and 189 (2 Bigha 16 Biswas). The prayers in this writ petition are for demarcation of the land and disbursement of compensation. The said prayers are as under:

(a) Issue a writ of mandamus directing the Respondents for Demarcation of the land in respect of khasra no. 187 (2-15), 189 (2-16) part i and ii of village ladda sarai; (b) Issue a writ of mandamus directing the Respondents to compute, award and disburse compensation to the Petitioners in respect of their land comprised in Khasra Nos. 187 (2-15) and 189 (2-16) Part I & II, Village Ladda Sarai, in terms of the Hon'ble Supreme court judgment dated 17.05.2024 in *DDA v. Tejpal & Ors, 2024 INSC 456;

(c) Direct the Respondents to award and release compensation of remaining land in Khasra No. 187 (215) 189 (2-16) Part I and II Village Ladha Sarai as per judgment dated 17.05.2024 titled as DDA Vs. Tejpal & Ors, 2024 INSC 456.

(d) Pass any order or further order which this Hon'ble Court deem fit and proper in the facts and circumstances of the case."

5.

This very Mr. Anil Parashar had filed W.P.(C) 7740/2016 titled Anil Parashar Vs. The Honorable LT. Governor & Ors. and W.P.(C) 7789/2016 titled Anil Parashar Vs. LT. Governor & Ors. challenging the acquisition of the same subject land. The same were rejected by a Division Bench of this Court vide order dated 7th January, 2019 in the following terms: "2. As the narration in the petition itself shows, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 13th November, 1959 followed by declaration under Section 6 of the LAA on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6th January, 1969.

The award confirming the acquisition of the land was passed way back on 2nd May, 1975. Even according to the Petitioner, when the Respondents came to take possession of the land in question, the sons of his predecessor-in-interest approached the Civil Court with Suit No. 220/75 for a permanent injunction. This came to be dismissed in 1985. The first appeal bearing No. 409/85 was dismissed by the Appellate Court on 16th July, 1993. RSA No. 116/93 was dismissed by this Court on 10th December, 2003.

3. Therefore, throughout, the Petitioner was certainly aware of the land acquisition proceedings and, in 2003, he has desperately attempted challenging the circumstances thereof.

4. Between then and the filing of the present petitions, except pointing out to the enactment of the 2013 Act, there is no mention made of any step taken by the Petitioner to challenge the land acquisition proceedings.

5. It is pointed out that there was another Award No. 28/86-87 passed on 19th December, 1986 which is subject matter of the challenge in Writ Petition (Civil) No. 7789/2016.

6. In both the petitions, therefore, there is no explanation for the inordinate delay in approaching the Court.

7. This Court has in its order dated 10th December, 2018 in Writ Petition No. 2734/2015 (Devender Singh & Ors vs. The Honorable Lt. Governor & Ors) in similar circumstances dismissed the writ petition on the ground of laches after referring to the decisions of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588, and Tamil Nadu Housing Board, Chennai v. M. Meiyappan (2010) 14 SCC 309.

8. The petitions are accordingly dismissed on the ground of laches."

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6.

Hence, this is the second round of litigation in respect of the same very land. Ld. Counsel for the Petitioner relies upon the decision in DDA v. Tejpal & Ors. 2024 INSC 456 to argue that said decision gives him a fresh cause of action to file the present petition.

7.

In the opinion of this Court, the said decision in Tejpal & Ors. (Supra) would not grant any further right or a fresh cause of action which would permit the Petitioner to challenge the same very acquisition once again. 8.

Accordingly, the challenge is meritless and the petition is dismissed. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J.

MADHU JAIN, J.

APRIL 9, 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.