Ashok Kumar Vs Gnctd & Ors.

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$~82

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5046/2026 & CM APPL. 24799/2026

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ASHOK KUMAR .....Petitioner

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Through: Mr. Ashutosh Rana, Advocate.

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versus

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GNCTD & ORS. .....Respondents Through: Mr. Anubhav Gupta, Panel Counsel, Civil, GNCTD with Mr. Siddharth Arora, Advocates.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 16.04.2026

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The Petitioner is the purchaser of land admeasuring 7 biswas and 12.8 biswani (i.e. 382 sq. yds.) out of land comprised in Khasra No. 33/1/2 (100), situated in the revenue estate of Village Kanjhawala, Delhi – 110081. A Sale Deed dated 23^rd January, 2026 was executed in favour of the Petitioner by the recorded owner and was duly presented before Respondent No. 2 (Sub-Registrar) for registration. A receipt evidencing such presentation has been issued; however, the document has not been processed further.

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It is the case of the Petitioner that despite completing all formalities and presenting the document for registration, the sale deed has neither been registered nor has any formal order of refusal been passed, thereby constraining the Petitioner to invoke the writ jurisdiction of this Court.

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Counsel for the Respondents submits that the land in question is under

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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 20/04/2026 at 14:07:11

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consolidation proceedings and, in the absence of a No Objection Certificate (“NOC”) from the competent authority, the registration could not be processed. It is further submitted that in view of prevailing instructions, NOC is not being issued till completion of consolidation proceedings.

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Insofar as insistence on NOC 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 non-availability 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 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 is of the opinion that the writ petition can be disposed of by issuing directions in similar terms.

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Accordingly, it is directed as under:

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(i) The affidavit/undertaking already placed on record by the Petitioner,

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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 20/04/2026 at 14:07:11

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in terms of the judgment of this Court in Okaya Infocom Pvt. Ltd. , is taken on record and accepted. The Petitioner shall remain bound by the same. (ii) Any breach of the aforesaid undertaking shall entail consequences in accordance with law. The undertaking shall also form part of the registered 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 in that regard and shall be processed further in accordance with law.

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(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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With the following directions, the petition is disposed of along with the pending application.

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SANJEEV NARULA, J

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APRIL 16, 2026/ hc

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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 20/04/2026 at 14:07:11

Ashok Kumar v. Gnctd & Ors.

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Ashok Kumar v. Gnctd & Ors.

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