Avalanche India Private Limited Vs Additional District Magistrate/Land Acquisition Collector (South) & Ors.

$~72

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 378/2026 & CM APPL. 1827/2026

AVALANCHE INDIA PRIVATE LIMITED .....Petitioner Through: Mr. Rajesh Yadav, Sr. Adv. with Mr.Praveen Alok & Mr.Karan Khaitan, Advs. (9717864162)

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versus

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ADDITIONAL DISTRICT MAGISTRATE/LAND ACQUISITION COLLECTOR (SOUTH) & ORS. .....Respondents Through: Mr. Shobhana Takiar, Standing Counsel for DDA with Mr. Shivam Takiar, Mr. Prateek Dhir & Mr. Kuljeet Singh, Advs. (9810962950) Mr. Sanjay Kumar Pathak (Standing Counsel) with Mr. Sunil Kumar Jha, Mr. M.S. Akhtar & Ms. Joohu Kumari, Advs. for R-2 to 4/ LAC (8765745664)

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

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O R D E R

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% 12.01.2026

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This hearing has been done through hybrid mode.

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The present writ petition has been filed by the Petitioner Company challenging the recent issuance of the notice dated 5^th January, 2026 by the Additional District Magistrate, South. The said notice reads as under:

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“Whereas, the land comprised in Khasra No. 1303 (416) & 1304/1 (2-00) of Village Chattarpur, Delhi, was duly acquired by the Government for planned development of Delhi under the provisions of the Land Acquisition Act, 1894 vide Award No. 15/87-88 dated 05.06.1987.

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W.P.(C) 378/2026

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Page 1 of 4

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This is a digitally signed order.

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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 15/01/2026 at 13:36:36

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And whereas, DDA vide letter dated 09.12.2025 had requested to the undersigned to hand over the physical possession of the aforementioned land. And whereas, a joint survey was carried out on 31.12.2025 and the said land was found vacant within boundary wall. Now, therefore, in view of the above, all unauthorized occupants/encroachers presently in unauthorized possession of above mentioned land are hereby directed to vacate the land and remove all unauthorized structures/ constructions/ encroachments at their own risk and cost within 15 days from the date of issuance of this notice failing which, necessary action for removal of the unauthorized encroachments/ structures shall be taken by this office.”

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The brief background giving rise to the present petition is that as per the Petitioner, Khasra No.1303 was notified for requisition on 25^th November, 1980 under Section 4 of the Land Acquisition Act, 1894 (hereinafter, ‘the Act’) .

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Thereafter, a declaration under Section 6 of the Act was also issued on 7^th June, 1985. The award under Section 11 of the Act was eventually passed on 5^th June, 1987. However, as per the Petitioner, on 8^th September, 1987, a Gazette Notification was issued under Section 48 of the Act, withdrawing the land from acquisition.

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The submission of Mr. Rajesh Yadav, ld. Sr. Counsel for the Petitioner is that the Petitioner had purchased the said land through a sale deed dated 23^rd September, 2004 and the land also stood mutated in favour of the Petitioner in the Khatuni for the year 1990-1991 vide Mutation Order No. 114/04-05 dated 17th January, 2005.

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After the said purchase, there was no disturbance caused to peaceful possession and occupation of the property to the Petitioner since 2005.

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W.P.(C) 378/2026

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Page 2 of 4

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This is a digitally signed order.

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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 15/01/2026 at 13:36:36

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However, on 5^th January, 2026, i.e., 21 years later, the impugned notice was issued, to which a reply is also stated to have been filed by the Petitioner on 6^th January, 2026.

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The prayer in the writ petition is that the notice dated 5^th January, 2026 ought to be directed to be withdrawn by the LAC as the land Khasra No.1303 has already been withdrawn from land acquisition vide the Gazette Notification dated 8^th September, 1987.

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Ld. Counsel for the Land Acquisition Collector (hereinafter, ‘LAC’) submits that the reply of the Petitioner dated 6^th January, 2026 has been received and the LAC would be considering all the documents that form a part of the reply, including the withdrawal notification dated 8^th September, 1987. 9. He further submits that fresh consideration would be given to the entire matter and after considering the submissions of the Petitioner, a fresh order would be passed.

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In view of the fact that the impugned notice dated 5^th January, 2026 had directed all the occupants to remove their construction/structures within 15 days and there was a serious apprehension of the Petitioner being dispossessed, the following directions are issued:

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(i) The reply of the Petitioner dated 6^th January, 2026 in response to the impugned notice dated 5^th January, 2026 shall be considered by the LAC;

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(ii) If a hearing is required, the same shall be afforded by the LAC on a date convenient to the Petitioner;

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(iii) A fresh order shall be passed by the LAC, taking into consideration the submissions made by the Petitioner in its reply and any oral submissions made;

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W.P.(C) 378/2026

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Page 3 of 4

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This is a digitally signed order.

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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 15/01/2026 at 13:36:36

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(iv) Until a fresh decision is taken, the Petitioner shall not be dispossessed;

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(v) If any fresh order is to be passed, in that case, the same shall not be given effect to for a period of 15 days, from the date of communication of such order, in order to enable the Petitioner to avail of its remedies in accordance with law.

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The impugned notice dated 5^th January, 2026 shall not be given effect to qua the Petitioner in view of the above directions.

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It is made clear that this Court has not examined the merits of the case. 13. The petition along with pending application, is disposed of in the aforesaid terms.

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PRATHIBA M. SINGH, J

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MADHU JAIN, J

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JANUARY 12, 2026 kk/ss

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W.P.(C) 378/2026

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Page 4 of 4

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This is a digitally signed order.

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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 15/01/2026 at 13:36:36

Avalanche India Private Limited v. Additional District Magistrate/Land Acquisition Collector (South) & Ors.

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Avalanche India Private Limited v. Additional District Magistrate/Land Acquisition Collector (South) & Ors.

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