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2018 DAILYLAW 3722 (DEL)

SHRI HARI KISHAN GAUR v. DIVISIONAL COMMISSIONER AND ORS.

W.P.(C)/7456/2018 · 2026-07-07

Sanjeev Narula

Writ Petition (Civil)body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7456/2018, CM APPL. 28561/2018, CM APPL. 23090/2019 SHRI HARI KISHAN GAUR .....Petitioner Through: Mr. N.S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachana Dalal and Mr. Aashish Tyagi, Mr. Karan Mann, Advocates. versus DIVISIONAL COMMISSIONER AND ORS. .....Respondents Through: Mr. Raghvendra Upadhyay, Panel Counsel for GNCTD with Ms. Purnima Jain, Ms. Shivpa Taneja and Mr. Madhur, Advocates for R-1, 2. Ms. Nandadevi Deka, Ms. Shubhra Sharma, Mr. Shashwat Pratyush, Ms. Saiqa Dawood, Advocates for R-3 to 5 with Ms. Prabhsahay Kaur, SC. Ms. Nandadevi Deka, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 07.07.2026 1. The Petitioner is a resident of Village Basant Nagar, Vasant Vihar, Delhi. He states that his father and forefathers were also residents of the said village. According to the Petitioner, he owns land comprised in various khasra numbers, a portion whereof has been acquired. He clarifies that the validity of such acquisition is not the subject matter of the present proceedings. 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 10/07/2026 at 11:52:56 2. The instant petition concerns land comprised in Khasra Nos. 32 and 33 situated in the revenue estate of Village Basant Nagar, New Delhi. Khasra No. 32 measures about 74 bighas and 11 biswas, whereas Khasra No. 33 measures about 153 bighas and 4 biswas. These khasra numbers have been subjected to acquisition proceedings, including acquisition under Award No. 1879. 3. The Petitioner claims that, being a resident of the village, he has a proprietary interest in the land forming part of the village area. His grievance is that the area acquired under the aforesaid khasra numbers has not been demarcated. In support of this contention, reliance is placed upon the order dated 28th July, 2005 passed by this Court in Brahma Dutt & Ors. v. DDA & Ors.1, whereby certain directions were issued in relation to the demarcation of land comprised in the very same khasra numbers. 4. The said order required the petitioners therein to approach the Deputy Commissioner within the stipulated time. The Deputy Commissioner was directed to examine the matter and issue appropriate directions for reconstruction of the record, if the same had been lost or destroyed, so as to facilitate proper demarcation. 5. It is not in dispute that the Petitioner herein was not a petitioner in W.P.(C) 1007-09/2005. At the same time, it is equally undisputed that the directions issued therein pertain to Khasra Nos. 32 and 33 of Village Basant Nagar, which are also the subject matter of the present petition, and specifically refer to Award No. 1879. 6. Ms. Nandadevi Deka, counsel appearing for DDA, on instructions, has confirmed that demarcation of the land acquired under the relevant 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 10/07/2026 at 11:52:56 awards in respect of Khasra Nos. 32 and 33 has not yet been carried out. 7. In view of the aforesaid, and considering that Mr. N.S. Dalal, counsel for the Petitioner, on instructions, has undertaken that the Petitioner shall bear the entire cost of the demarcation exercise, this Court is of the opinion that the relief sought deserves to be granted. Demarcation would merely identify the extent and location of the land covered by the acquisition and facilitate identification of the acquired land. Accordingly, the present petition is disposed of with a direction to the SDM, Vasant Vihar, to carry out the demarcation in coordination with DDA, in accordance with law. The charges for the demarcation shall be intimated to the Petitioner and shall be borne by him. The Petitioner and the affected parties shall be permitted to participate in the demarcation proceedings. The aforesaid exercise shall be completed within a period of twelve weeks from today. 8. The petition is disposed of in the above terms, along with pending application(s), if any. SANJEEV NARULA, J JULY 7, 2026/ab 1 W.P.(C) 1007-09/2005. 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 10/07/2026 at 11:52:56