Kitabo Devi and Ors. Vs the Govt of NCT of Delhi and Ors.

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$~74

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 4833/2026, CM APPL. 23664/2026

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KITABO DEVI AND ORS. .....Petitioners

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Through: Mr. Viksit Singh, Mr. Deepanshu Malik and Mr. Sunny, Advocates.

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versus

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THE GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha and Mr. Md. Sueb Akhtar, Advocates for R-2.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 13.04.2026

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The present petition has been filed by the recorded bhumidhar/landholder (Petitioner No. 1) and the intending purchasers (Petitioners No. 2 and 3), in respect of agricultural land admeasuring 04 Bigha 18 Biswa, comprised in Khasra Nos. 41/11/3 Min. (2-16), 41/18 Min. (1-03) and 621/3 Min. (0-19), situated in the revenue estate of Village Kanjhawala, Delhi

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It is stated that Petitioner No. 1, on account of bona fide needs, agreed to sell the subject land to Petitioners No. 2 and 3. Pursuant thereto, a Sale Deed dated 30^th April, 2025 was executed and presented for registration before Respondent No. 4, i.e., Sub-Registrar VI-D (N-W), Kanjhawala, Delhi. A receipt acknowledging presentation was issued on the same date.

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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 15/04/2026 at 12:40:17

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However, by way of refusal order dated 1^st May, 2025, the concerned SubRegistrar declined registration of the said document.

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The refusal is premised on the ground that the subject land falls in a village where consolidation proceedings are stated to be pending, and that registration cannot be proceeded with in the absence of a No-Objection Certificate [“ NOC ”] / Land Status Report [“ LSR ”]. It is further borne out from the record that the Petitioners had, prior to execution of the Sale Deed, on 27^th March, 2025, approached the competent authority seeking grant of NOC/LSR; however, the same was declined on the ground that issuance of same has been stopped in view to the pendency of consolidation proceedings. Aggrieved thereby, the Petitioners have invoked the writ jurisdiction of this Court.

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Counsel for the Respondents submits that the subject land is stated to be under consolidation proceedings, and therefore, processing of the document requires permission and verification from the competent authority. 5. Insofar as insistence on NOC/LSR on account of pending consolidation proceedings is concerned, this Court in Okaya Infocom Pvt. Ltd. & Anr. v. Govt. of NCT of Delhi & Anr.¹ , held that having regard to the prolonged nature of consolidation proceedings, registration of such documents cannot be indefinitely withheld solely on the ground of nonavailability of an NOC. The Sub-Registrar was directed to proceed in accordance with law, without insisting upon any sanction, approval, or NOC linked exclusively to consolidation proceedings.

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The aforesaid legal position has been reiterated in subsequent decisions, including in Jeevantika Organic Farming LLP v. Govt. of NCT

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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 15/04/2026 at 12:40:17

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of Delhi & Ors.² , wherein, while taking note of the stand of the Government, this Court balanced equities by requiring the intending purchaser(s) therein to furnish an undertaking. The underlying principle, namely that registration cannot be stalled indefinitely on account of pending consolidation proceedings, is equally applicable to the present case.

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In view of the aforesaid legal position, and having regard to the facts of the present case, this Court finds that the refusal order, being founded on the pendency of consolidation proceedings and the insistence on an NOC/LSR, cannot be sustained in law. Accordingly, the refusal order dated 1^st May, 2025 is set aside, and the following directions are issued: (i) The Petitioners shall file an undertaking by way of an affidavit stating that the factum of this order shall be disclosed in the event of any further transaction relating to the subject land, prior to the conclusion of the consolidation proceedings. Let the said undertaking(s) be filed within a period of two weeks from today. Upon filing of such undertaking(s), the Petitioners shall remain bound thereby. (ii) Any breach of the aforesaid undertaking(s) shall entail consequences in accordance with law. The undertaking(s) shall also form part of the Sale Deed so as to put any subsequent transferee to notice.

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(iii) Subject to verification of the land acquisition status by the competent authority, and in line with the decisions in Okaya Infocom Pvt. Ltd. and Jeevantika Organic Farming LLP , it is directed that the registration of the Sale Deed shall not be refused solely on the ground of pendency of consolidation proceedings or non-availability of any NOC/LSR in that

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1 In W.P.(C) 12122/2021 , decided on 10th November, 2023.

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2 In W .P. (C) 12083/2025 & other connected matters decided on 12th August, 2025.

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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 15/04/2026 at 12:40:17

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regard, and shall be processed further in accordance with law. (iv) It is clarified that the registration shall be without prejudice to the pending consolidation proceedings and shall remain subject to the rights, claims, and contentions of third parties, if any.

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In the above terms, the petition is disposed of, along with any pending application(s).

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SANJEEV NARULA, J

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APRIL 13, 2026 nk

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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 15/04/2026 at 12:40:17

Kitabo Devi and Ors. v. the Govt of NCT of Delhi and Ors.

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Kitabo Devi and Ors. v. the Govt of NCT of Delhi and Ors.

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