Sh. Hari Chand Vs Union of India and Anr. — Land Acquisition | Delhi HC (2026)

Sh. Hari Chand Vs Union of India and Anr. — Land Acquisition | Delhi HC (2026)

What the court decided

AI extract

Outcome

No relief in terms of possession; petition disposed of along with pending applications. Ancillary direction recorded: any claim filed by the Petitioner before the Land Acquisition Collector arising out of the acquisition shall be examined expeditiously and concluded without unnecessary delay.

Issue for consideration

Whether the Petitioner - appearing before the Court as the Attorney of the original allottee Shri Khem Chand - can be granted possession of the land bearing Khasra Nos. 302(1-0), 911(1-10), 929/2(2-14), 966(4-16), 976/2(2-2), 980(1-0) and 1083 min(3-04), admeasuring 16 bighas 6 biswas, Village Sat Bari, Mehrauli, Delhi, allotted vide the GNCTD Evacuee Property Cell order dated 03.11.1998, notwithstanding that the land had been acquired under the Land Acquisition Act, 1894 (S.4 notification dated 27.11.1980; S.6 declaration dated 27.05.1985; Award No. 14/1987-88) prior to the allotment. +1 more

Court's answer

Since the acquisition proceedings (S.4 notification dated 27.11.1980, S.6 declaration dated 27.05.1985, Award No. 14/1987-88) attained finality much prior to the allotment relied upon by the Petitioner, this Court is of the opinion that no direction for grant of possession of the land comprised in the aforementioned Khasra numbers (admeasuring 16 bighas and 6 biswas) can be issued in favour of the Petitioner.

Ratio / Principle

Considering that the dispute has remained pending for a considerable period of time, the Court directed that if the Petitioner files a claim arising out of the acquisition, the Land Acquisition Collector shall examine the same expeditiously and conclude the proceedings without unnecessary delay.

Detailed headnote1 paragraphs

Delhi High Court, W.P.(C) 9377/2019, order dated 22.01.2026 (Sanjeev Narula, J). Sh. Hari Chand, appearing as Attorney of the original allottee Shri Khem Chand, sought possession of land measuring 16 Bighas 6 Biswas (Khasra Nos. 302(1-0), 911(1-10), 929/2(2-14), 966(4-16), 976/2(2-2), 980(1-0), 1083 min(3-04)) in Village Sat Bari, Mehrauli, Delhi, relying on an allotment order dated 3rd November, 1998 of the Government of NCT of Delhi, Land & Building Department, Evacuee Property Cell (land claim No. D/KM/90329/l), possession pursuant to which was never handed over. The respondents showed that the land had been notified for acquisition under Section 4 of the Land Acquisition Act, 1894 on 27.11.1980 for planned development of Delhi, declared under Section 6 on 27.05.1985, and culminated in Award No. 14/1987-88, upon passing of which the land stood vested in the State. Held: the acquisition having attained finality much prior to the 1998 allotment, no direction for grant of possession could be issued. Petition disposed of with pending applications; if the Petitioner claims any entitlement arising out of the acquisition, he may pursue it before the Land Acquisition Collector, who shall examine such claim expeditiously and conclude the proceedings without unnecessary delay.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 9377/2019

SH. HARI CHAND .....Petitioner

Through: Mr. Ashish Negi, Advocate.

versus

UNION OF INDIA AND ANR. .....Respondents

Through: Mr. Vikrant N. Goyal, Mr. Yash Basoya & Mr. Kunal Dixit, Advocates for UOI. Mr. Sanjay Kumar Pathak, SC with Mrs. K. K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. Mohd. S. Akhtar & Mr. D. Kapil, Advocates for R-2.

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 22.01.2026

This writ petition under Article 226 of the Constitution of India has been filed by the Petitioner, who appears before this Court as the Attorney of the original allottee, Shri Khem Chand, seeking possession of land bearing Khasra Nos. 302 (1-0), 911 (1-10), 929/2 (2-14), 966 (4-16), 976/2 (2-2), 980 (1-0) and 1083 min (3-04), admeasuring a total of 16 bighas and 6 biswas, situated in Village Sat Bari, Mehrauli, Delhi.

The litigation has a long and chequered history. However, for the purposes of the present proceedings, it is sufficient to note that the Petitioner contends that an allotment of the aforesaid land was made in favour of Shri

This is a digitally signed order.

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Khem Chand vide order dated 3^rd November, 1998, issued by the Government of NCT of Delhi, Land & Building Department, Evacuee Property Cell, and that possession pursuant thereto was never handed over. The relevant extract of the allotment order reads as under:

‘Shri Khem Chand S/o Shri Bhawani Dass a displaced person having land claim registered at NO.D/KM/90329/l. To satisfy this claim, he is allotted Khasra No. 302(1-0), 911(1-10), 929/2(2-14), 966(4-16) and 976/2(2-2), 980(1-0) and 1083 min (3-04). Total 16 Bigha 06 Bishwa, situated in village Sat Bari on temporary basis.’

The Respondents, in their counter-affidavit, state that the land in question had already been notified for acquisition vide notification dated 27^th November, 1980, issued under Section 4 of the Land Acquisition Act, 1894, for the public purpose of planned development of Delhi. This was followed by a declaration under Section 6 of the Act dated 27^th May, 1985, culminating in Award No. 14/1987-88. It is contended that upon passing of the award, the land stood vested in the State.

In view of the aforesaid acquisition proceedings having attained finality much prior to the allotment relied upon by the Petitioner, this Court is of the opinion that no direction for grant of possession of the land comprised in the aforementioned Khasra numbers, admeasuring 16 bighas and 6 biswas, can be issued in favour of the Petitioner.

Counsel for the Respondents submits that, in the event the Petitioner claims any entitlement arising out of the acquisition, the appropriate remedy would be to pursue a claim before the Land Acquisition Collector in accordance with law. Considering that the dispute has remained pending for a considerable period of time, it is directed that if such a claim is filed, the Land Acquisition Collector shall examine the same expeditiously and

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 23/01/2026 at 12:37:07

conclude the proceedings without unnecessary delay.

In light of the foregoing, the present petition is disposed of along with any pending application(s).

SANJEEV NARULA, J

JANUARY 22, 2026/ hc

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 23/01/2026 at 12:37:07