Ms. Aarti Mathur & Anr. Vs Govt. of NCT of Delhi & Anr.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 7412/2026 MS. AARTI MATHUR & ANR. .....Petitioners Through: Mr. Pranav Gupta, Proxy Advocate. versus

GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Harshita Nathrani, Advocate for Mr. Sameer Vashisht, Standing Counsel (Civil) for GNCTD.

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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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% 25.05.2026

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The Petitioners are the beneficiaries/donees under a Gift Deed in respect of agricultural land admeasuring 4 Bigha 16 Biswas comprised in Khasra No. 57/8 (4-16), situated in the revenue estate of Village Ladpur, Delhi. It is stated that the said Gift Deed was executed on 02^nd May, 2017 by Ms. Sishwati and Ms. Santosh, acting as attorneys of the recorded owners of the land, namely Mr. Balbir Singh, Mr. Vinod Kumar and Mr. Rajesh Kumar.

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It is stated that the aforesaid Gift Deed was duly executed in favour of the Petitioners, after payment of the requisite stamp duty and registration charges, and was presented before Respondent No. 2, i.e., the Sub-Registrar, VI-D, Kanjhawala, for registration on the same date.

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The grievance of the Petitioners is that despite the document having been presented for registration, the same has not been registered on account of the pendency of consolidation proceedings in Village Ladpur and nonavailability of a No Objection Certificate [“ NOC ”] from the Competent Authority. Aggrieved thereby, the Petitioners have approached this Court.

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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 29/05/2026 at 12:50:35

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Mr. Sameer Vashisht, Standing Counsel (Civil) for GNCTD, fairly submits that the issue raised in the present petition is covered by the decisions of this Court in Okaya Infocom Pvt. Ltd. & Anr. v. Govt. of NCT of Delhi & Anr.¹ and subsequent orders following the same. It is submitted that the Respondents have no objection if the present petition is disposed of in terms of the directions issued therein, subject to appropriate safeguards.

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The aforesaid submission merits acceptance. In Okaya Infocom Pvt. Ltd. , this Court 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, having regard to the facts of the present case, and particularly in light of the stand taken by the Respondents, this Court is of the opinion that the writ petition can be disposed of by issuing directions in similar terms.

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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 29/05/2026 at 12:50:35

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Accordingly, it is directed as under:

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(i) The Petitioners shall file an undertaking(s) by way of an affidavit(s) 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 an undertaking(s), the Petitioners shall remain bound thereby.

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(ii) Any breach of the aforesaid undertaking(s) shall entail consequences in accordance with law. The said undertaking(s) shall also form part of the Gift Deed, so as to put any subsequent transferee to notice. (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 Gift 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. (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 foregoing directions, the petition is disposed of, along with the pending application.

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SANJEEV NARULA, J

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MAY 25, 2026/ab

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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 29/05/2026 at 12:50:35

Ms. Aarti Mathur & Anr. v. Govt. of NCT of Delhi & Anr.

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Ms. Aarti Mathur & Anr. v. Govt. of NCT of Delhi & Anr.

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