Land and Development Office Vs Arun Kumar Dawar — Writ and Judicial Review | Delhi HC (2025)

Land and Development Office Vs Arun Kumar Dawar — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Warrants of attachment issued by the Execution Court (orders dated 06.07.2023 and 24.01.2025) kept in abeyance for 90 days, subject to the petitioner paying the balance decreetal amount within 90 days pursuant to the undertaking of the Deputy Land and Development Officer taken on record; exemption application CM APPL. 7176/2025 allowed subject to all just exceptions.

Issue for consideration

Whether the orders dated 06.07.2023 and 24.01.2025 passed by learned ADJ-07 and DJ-07, West, Tis Hazari Court, Delhi, issuing warrants of attachment against the petitioner/JD’s movable properties and bank accounts in Execution No. 236/2018 are sustainable, as challenged by the petitioner through a petition under Article 227 of the Constitution of India. +1 more

Court's answer

The undertaking of Mr. Rajeev Kumar Das, Deputy Land and Development Officer, on behalf of the petitioner to pay the balance decreetal amount within 90 days is taken on record, and the petition is disposed of with directions to the petitioner to make the payment of the balance decreetal amount within 90 days.

Ratio / Principle

CM APPL. 7176/2025 (Exemption) is allowed subject to all just exceptions, and the application stands disposed of.

Key takeaways

Subject to payment of the balance decreetal amount within 90 days, the order of warrants of attachment issued by the Execution Court is to be kept in abeyance for a period of 90 days.ratio¶25

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) disposed of CM(M) 240/2025, a petition under Article 227 of the Constitution filed by the Land and Development Office (judgment debtor) assailing the orders dated 06.07.2023 and 24.01.2025 of learned ADJ-07 and DJ-07, West, Tis Hazari Courts, Delhi, issuing warrants of attachment against its movable properties and bank accounts in Execution No. 236/2018 (‘Arun Kumar Dawar vs Land And Development Office’). Background: resumption of land for widening of Sat Guru Ram Singh Marg (Rama Road); lease-deed notices dated 06.09.2002; compensation first fixed at Rs 6,930/- per sq m (01.10.2002); Trial Court decree dated 11.10.2017 awarding Rs 14,490/- per sq m for 163.56 sq m (totalling Rs 23,69,984.40/-) with 6% per annum simple interest from 07.10.2002 till actual payment. The Deputy Land and Development Officer undertook to pay the balance decreetal amount (Rs. 18,05,528/- already paid) within 90 days; the undertaking was taken on record and, subject thereto, the warrants of attachment were kept in abeyance for 90 days. CM APPL. 7176/2025 (Exemption) was allowed subject to all just exceptions.

$~67

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 240/2025

LAND AND DEVELOPMENT OFFICE .....Petitioner

Through: Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Shahi, Mr. Varun Pratap Singh, Mr. Yogya Bhatia, Mr. Rajeev Kumar Das, Deputy Land and Development Officer.

versus

ARUN KUMAR DAWAR .....Respondent Through: Appearance not given.

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 06.02.2025 CM APPL. 7176/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CM(M) 240/2025 & CM APPL. 7175/2025 (Stay)

The present petition under Article 227 of the Constitution of India assails the orders dated 06.07.2023 ad 24.01.2025 passed by learned ADJ07 and DJ-07 respectively West, Tis Hazari Court, Delhi in Execution No. 236/2018 titled as “ Arun Kumar Dawar vs Land And Development Office” . 2. As per the factual background of the matter, the appellant had resumed land for the purpose of road, widening, improvement and strengthening of Sat Guru Ram Singh Marg (Rama Road) from Patel Road crossing to Kirti Nagar Police Station.

This is a digitally signed order. 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 10/02/2025 at 14:49:58

In terms of lease deed, notices were issued on 06.09.2002 before taking action of resumption of land. Being aggrieved by notice dated 06.09.2002, the respondent preferred the writ petition before the High Court. This Court vide order dated 20.09.2002 directed the respondent to appear before the Deputy Land and Development Officer on 30.09.2002.

After hearing the respondent, the amount of compensation was determined vide order dated 01.10.2002 @Rs 6,930/- per sq meters. Feeling aggrieved, the respondent filed a Civil Suit bearing No. Civ/DJ/610843/2016 titled as “ Arun Kumar Dawar vs Land and Development Office ” seeking declaration and injunction.

The Trial Court vide judgment dated 11.10.2017 passed a decree in favour of the respondent directing the petitioner to pay compensation @ Rs 14,490/- per sq meter portion of the land measuring 163.56 sq meter out of the property No. 3/2, Industrial Area which comes to Rs 23,69,984.40/-. The respondent was also held to be entitled to a simple interest @ 6% per annum from the date of the impugned order i.e. 07.10.2002 till the date of actual payment.

In the execution proceedings, the Execution Court issued the warrants of attachment against the movable properties of the JD including bank accounts of the petitioner vide orders dated 06.07.2023 and 24.01.2025.

Learned counsel appearing for the petitioner/JD submits that the petitioners have already paid a sum of Rs. 18,05,528/- out of the decretal amount and that the balance amount shall be paid within 90 days.

Mr. Rajeev Kumar Das, Deputy Land and Development Officer, who is present through VC undertakes that the balance decretal amount would be paid within 90 days.

This is a digitally signed order.

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 10/02/2025 at 14:49:58

Learned counsel for the respondent submits that subject to payment being made within 90 days, he has no objection in case the warrants of attachments issued by the Execution Court may be stayed.

The undertaking made by Mr. Rajeev Kumar Das, Deputy Land and Development Officer on behalf of the petitioner is taken on record and the petition is disposed of with directions to the petitioner to make the payment of balance decreetal amount within 90 days and subject to the same, order of warrants of attachment be kept in abeyance for a period of 90 days.

RAVINDER DUDEJA, J

FEBRUARY 6, 2025 Sk/r

This is a digitally signed order.

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 10/02/2025 at 14:49:58

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders dated 06.07.2023 and 24.01.2025 passed by learned ADJ-07 and DJ-07 respectively, West, Tis Hazari Court, Delhi, in Execution No. 236/2018 ‘Arun Kumar Dawar vs Land And Development Office’, issuing warrants of attachment against the movable properties (including bank accounts) of the petitioner/judgment debtor; challenged by the petitioner via this petition under Article 227 of the Constitution.¶14
West, Tis Hazari Court, Delhi (learned ADJ-07 and DJ-07) · 06.07.2023 and 24.01.2025
Prior proceeding
L&DO resumed land for road widening, improvement and strengthening of Sat Guru Ram Singh Marg (Rama Road) from Patel Road crossing to Kirti Nagar Police Station.¶14
Prior proceeding
Notices under the lease deed were issued on 06.09.2002 prior to resumption of land.¶16
Prior proceeding
Aggrieved by the notice dated 06.09.2002, the respondent preferred a writ petition before this High Court.¶16
Prior proceeding
Vide order dated 20.09.2002, this Court directed the respondent to appear before the Deputy Land and Development Officer on 30.09.2002.¶16
Prior proceeding
Compensation determined vide order dated 01.10.2002 @ Rs 6,930/- per sq metre after hearing the respondent.¶17
Prior proceeding
Respondent filed Civil Suit No. Civ/DJ/610843/2016 titled ‘Arun Kumar Dawar vs Land and Development Office’ seeking declaration and injunction.¶17
Prior proceeding
Trial Court decree dated 11.10.2017 in favour of the respondent: compensation @ Rs 14,490/- per sq metre for 163.56 sq m of Property No. 3/2, Industrial Area, totalling Rs 23,69,984.40/-, plus simple interest @ 6% per annum from 07.10.2002 till actual payment.¶18
Prior proceeding
In the execution proceedings, the Execution Court issued warrants of attachment against the judgment debtor’s movable properties including bank accounts of the petitioner vide orders dated 06.07.2023 and 24.01.2025.¶19
Prior proceeding
At the hearing, learned counsel for the petitioner/JD stated that Rs. 18,05,528/- had already been paid out of the decretal amount and the balance shall be paid within 90 days; Mr. Rajeev Kumar Das, Deputy Land and Development Officer, undertook accordingly.¶20