M/S Commander Realtors Private Limited vs Union Of India & Anr.

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: November 5 , 2026
# CNR No. DLHC010361222026
+ W.P.(C) 11219/2026 & CM APPL. 51958/2026
M/S COMMANDER REALTORS PRIVATE LIMITED
.....Petitioner
Through: Mr. Ravi Prakash, Sr. Adv.
with Ms. Roohe Hina Dua, Mr.
Arav Pandit, Ms. Ruchi Kumar
& Mr. Ali Khan, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Ms. Nidhi Raman, CGSC with
Mr. Arnav Mittal, Mr. Akash
Mishra & Ms. Nikita Singh,
Advs. for UOI.
Mr. Anurag Jain with Mr. Sagar
Singh & Mr. Dileep Mangawa,
Advs. for ED.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. By the present petition, the petitioner seeks the following
reliefs:
“a) issue a writ of mandamus, or any other appropriate writ, order
or direction, directing Respondent No. 2 to give effect to the
reconciliation carried out by it and to forthwith release the land
admeasuring 22.231 acres, which has been verified by the
Directorate as releasable, consequent upon the revision of the
proceeds of crime to Rs. 1,017,19,03,577/-, from the attachment
effected vide Provisional Attachment Order No. 12 of 2024 dated
14.10.2024 and confirmed by the order dated 01.04.2025;
b) issue a writ of mandamus, or any other appropriate writ, order
or direction, directing that the balance attached licensed land
under Provisional Attachment Order No. 12 of 2024 dated
14.10.2024 be substituted with the alternate assets offered by the
Petitioner, namely the land situated at Villages Chaheru, Khajurla
Signature Not Verified
W.P.(C) 11219/2026 Page 1 of 6
Signed By:SHIKHA
SEHGAL
Signing Date:10.11.2026
16:30:15

and Maheru, Tehsil Phagwara, District Kapurthala, Punjab, and
the land situated at Villages Berka, Khaika and Sirsika, Tehsil
Sohna, District Gurugram, Haryana, of an aggregate value of
approximately Rs. 1,062.89 crore, subject to the Petitioner
furnishing the undertakings set out in paragraph 12 of the reply of
the Directorate dated 02.07.2026, and further directing that the
said licensed land be de-attached and released in lieu of the
substituted land;
c) pass an order of interim relief directing that, during the
pendency and until the final disposal of the present petition, the
Respondents shall not take any step or action to the prejudice of
the Petitioner in respect of the land admeasuring 22.231 acres and
the assets offered for substitution;”
2. Briefly put, Regular Case No. RC AC-1/2019/A0002 was
registered by the CBI under Section 120B/420 of the Indian Penal
Code, 1860 and Section 13(2)/13(1)(d) of the Prevention of
Corruption Act, 1988 pertaining to certain alleged irregularities in the
acquisition, release and licensing of land in Sectors 58-63 and 65-67
Gurgaon. On the strength of the said predicate offences, the
Directorate of Enforcement registered ECIR/HIU/03/2019. Thereafter,
in furtherance of the registration of the ECIR, the respondent by
Provisional Attachment Order (‘ PAO ’) No. 12/2024 dated 14.10.2024
provisionally attached various immovable properties forming part of
land under License No. 107/2010 after quantifying the alleged
proceeds of crime at ₹1,813,74,06,526/-.
3. Pursuant to the PAO, Original Complaint No. 2470/2024 was
filed and by order dated 01.04.2025, the learned Adjudicating
Authority partially confirmed the attachment of land admeasuring
52.7609 acres having an aggregate value of ₹1,759,84,11,795/- out of
the total admeasuring 60.3009 acres which had originally been
attached. Aggrieved thereby, the petitioner preferred FPA-PMLA No.
Signature Not Verified
W.P.(C) 11219/2026 Page 2 of 6
Signed By:SHIKHA
SEHGAL
Signing Date:10.11.2026
16:30:15

840/DLI/2025 before the Hon’ble Appellate Tribunal, challenging the
attachment and confirmation proceedings. Further, the petitioner also
preferred interlocutory applications seeking reconciliation/re-
computation of the proceeds of crime and substitution of the attached
properties.
4. Thereafter, pursuant to the directions contained in order dated
27.01.2026, the Directorate carried out the reconciliation of the
quantified proceeds of crime, and upon such reconciliation, the
quantified proceeds of crime were revised from ₹1,813,74,06,526/- to
₹1,017,19,03,577/-, resulting in a reduction of ₹796,55,02,949/-.
5. Subsequently, the Appellate Tribunal directed the Directorate to
seek instructions pertaining to firstly, the list of properties proposed to
be released on account of downward revision in the quantum of
proceeds of crime; and secondly, the necessary verification in respect
of the properties offered by the petitioner in lieu of the attached
properties for substitution.
6. In the aftermath of the same, the Directorate took on record the
land schedules and valuation reports relating to the properties
proposed for substitution and recorded that the aggregate value
available for substitution comprising ₹408 crore in respect of land
situated at Chaheru, Khajurla and Maheru and ₹654.89 crore towards
the developable component of the additional land situated at Berka,
Khaika and Sirsika worked out to ₹1062.89 crore excluding the
undevelopable component. The said aggregate value was found to be
sufficient to cover the revised proceeds of crime quantified at
₹1,017,19,03,577/-. Consequently, the present petition has been
Signature Not Verified
W.P.(C) 11219/2026 Page 3 of 6
Signed By:SHIKHA
SEHGAL
Signing Date:10.11.2026
16:30:15

preferred seeking substitution of the balance attached land with the
alternate assets offered by the petitioner.
7. The learned Senior Counsel for the petitioner submits that the
respondent does not principally object to the substitution and the
petitioner may be put to any condition by this Court for the
substitution of the property.
8. On being asked, the learned counsel for the ED submits that the
respondents have no serious objection to the substitution of the
property provided adequate safeguards in respect of the substituted
property are put in place by the Court.
9. Considering the limited relief sought and in view of the stance
of the ED, this Court does not find any impediment in allowing the
balance attached licensed land under Provisional Attachment Order
No. 12 of 2024 dated 14.10.2024 to be substituted with the alternate
assets offered by the petitioner. The said substitution is however
subject to the following stipulations:
a. The petitioner shall furnish an undertaking in the form of an
affidavit before this Court establishing clear and marketable
title along with undisputed ownership of the assets proposed for
substitution, supported by verifiable documentary evidence.
The substituted assets must be free from all encumbrances,
including mortgages, liens, pledges or any third-party claims or
security interests and a certificate to this effect must be
submitted by the petitioner.
b. The petitioner, in its undertaking in the form of an affidavit to
this Court, shall also declare its relation with respect to entities
Signature Not Verified
W.P.(C) 11219/2026 Page 4 of 6
Signed By:SHIKHA
SEHGAL
Signing Date:10.11.2026
16:30:15

owning the subject properties offered for substitution along
with an undertaking regarding its rights to offer such land
parcels for substitution of the attached properties.
c. The substituted property shall not be sold, transferred, or
otherwise alienated during the pendency of proceedings.
d. Original title documents of the substituted property shall be
deposited with the ED, with a formal acknowledgment in that
regard.
e. The petitioner shall furnish an indemnity bond to indemnify the
ED/government in case of any loss or legal deficiency arising
from the substitution.
f. The petitioner shall ensure that the rights and interests of bona
fide third parties remain unaffected by the substitution of the
attached properties.
g. The petitioner shall undertake to handover the possession of the
alternate assets to the ED, subject to its rights to challenge the
provisional attachment.
h. The petitioner shall also submit a duly demarcated map/site
plan to ED delineating the land parcels proposed for
substitution.
i. The petitioner shall provide a complete and transparent
disclosure of the source of funds used to acquire the substituted
assets, with supporting financial records, to ensure the
substituted assets are untainted and not derived from proceeds
of crime.
j. The petitioner shall continue to fully cooperate with the
Signature Not Verified
W.P.(C) 11219/2026 Page 5 of 6
Signed By:SHIKHA
SEHGAL
Signing Date:10.11.2026
16:30:15

investigation by the ED or any other authority under the PMLA
and shall produce any documents or appear for inquiry when
required.
10. It is made clear that the substitution of properties shall be
without prejudice to the rights of the Directorate of Enforcement and
shall not be construed as an acknowledgment of the legality of the
source or legitimacy of the attached properties. The same shall also
not affect the merits of the ongoing trial.
11. The present petition is allowed in the aforesaid terms. Pending
application also stands disposed of.
AMIT MAHAJAN, J
NOVEMBER 5, 2026
“SK”
Signature Not Verified
W.P.(C) 11219/2026 Page 6 of 6
Signed By:SHIKHA
SEHGAL
Signing Date:10.11.2026
16:30:15