Bhage Ram And Ors. vs Govt. Of Nct Of Delhi And Ors.
- Court
- Delhi High Court
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.10.2026
# CNR No. DLHC010005002015
+ W.P.(C) 2326/2015
BHAGE RAM AND ORS. .....Petitioners
Through: Mr.Rajesh Kumar Gupta, Adv.
versus
GOVT. OF NCT OF DELHI AND ORS. .....Respondents
Through: Ms.Niharika Ahluwalia,
Ms.Aarushi Gupta & Ms.Divya
Kashyap, Advs. of DDA.
Ms.Siddharth Panda & Mr.Anil
Pandey, Advs. for R-2/Review
Petitioner.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE ARUN BHARDWAJ
NAVIN CHAWLA, J. (ORAL)
CM APPLs. 6134-35/2019 in REVIEW PET. 50/2019
1. This Review Petition has been filed by the respondent no. 2 in
the above Writ Petition, seeking review of our judgment and order
dated 16.05.2017 passed therein.
2. It has been contended in the Review Petition that as the records
pertaining to the land in question were very old, the files were not
traceable, and some files had also been transferred from District South
to District South East, due to inadvertence, the correct facts could not
be placed before this Court at the time of passing of the judgment and
order dated 16.05.2017. After passing of the said order, efforts were
Signature Not Verified
Digitally Signed
By:REYMON VASHIST
Signing Date:17.10.2026
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W.P.(C) 2326/2015 Page 1 of 7
made to trace the entire record and on the mistake being realised, the
present Review Petition has been filed, albeit with a delay of 414 days
in filing and a further delay of 152 days in re-filing.
3. Along with the Review Petition, the review petitioner has also
placed on record the copies of Form CC, Form A, letter dated
16.08.1961, and Offer No. 1337, to contend that not only the
possession of the land in question had been taken over by the
concerned authority, but also the entire compensation had been paid to
the petitioner no.1 and the predecessors-in-interest of petitioner nos.2
to 4.
4. As far as the delay is concerned, we find that even as per the
Writ Petition, the land in question had been acquired vide notifications
and Award of the vintage of 1962, however, the Writ Petition itself
was filed only in 2015, that is, after a considerable delay. While the
respondent should have been more vigilant in filing of its Counter
Affidavit and placing the correct facts on record, it remains undisputed
that the land, if properly acquired and compensation paid, would be a
public land which should not be allowed to be wasted away only
because of the inefficiency of the department.
5. For the aforesaid reasons, we condone the delay in filing and re-
filing the present Review Petition. The applications are accordingly
allowed.
REVIEW PET. 50/2019
6. The Writ Petition has been filed relying upon the provisions of
the Right to Fair Compensation and Transparency in Land
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By:REYMON VASHIST
Signing Date:17.10.2026
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W.P.(C) 2326/2015 Page 2 of 7
Acquisition, Rehabilitation and Resettlement Act, 2013 and asserting
that the possession of the land in question was not taken over and the
compensation not paid pursuant to the land acquisition proceedings.
7. The Writ Petition was allowed by the judgment dated
16.05.2017 recording the submission of the respondents as under:-
“The appropriate Government through the
Land Acquisition Collector has stated inter
alia in its counter affidavit as follows”-
“6. That the land in question i.e.,
Khasra No. 1127/360/1(1-f), 363/2 (5-
08), 552/1 (1-Q), 1127/360/2 (0-15),
363/1 (0-01), 491 (2-19) and 361 (2-0)
total admeasuring to 13 bighas 06
biswas situated at the revenue estate of
village Bahapur, New Delhi were
acquired vide award nos. 1364 dated
23.07.1062, 1051 dated 27.09.1960,
1337 dated 27.09.1960 and 1342 dated
20.06.1962, respectively after
considering the claims of the claimants.
7. That in the present case the
possession of the land bearing Khasraj
No. 1127/360/1 (1-03) was taken over
on 13.06.1963, Khasra No. 363/1 (0-01)
was taken over on 21.8.2007 and
Khasra No. 361/1 (2-01) was taken over
and handed over to the beneficiary
department on 10.08.1962. However,
possession of Khasra No. 491 (2-19),
363/2 (5-08), 552/.1 and 1127/360/2 (0-
15) was not taken over. The
compensation with respect to Khasra
No.361/1 (2-01) was forwarded on
05.07.1968 to the court of Ld. ADJ
under section 30/31 of the Land
Acquisition Act. Remaining amount of
compensation was not paid to the
recorded owners."
3. It is evident that in the present case, the
compensation was deposited with the
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W.P.(C) 2326/2015 Page 3 of 7
concerned authority only in respect of Khasra
no.361/1 (2-01) when it was forwarded on
50.07.1968. However, the averments are clear
that compensation was not paid to the
recorded owner in respect of the balance
amount.”
8. The review petitioner asserts, on the basis of the documents
now filed with the Review Petition, that not only the possession of the
land had been taken over, but even the compensation for the same had
also been paid to the petitioner no.1 and the predecessors-in-interest of
the petitioner nos.2 to 4. Though, the said assertion is denied by the
petitioners, who maintain that they still remain in possession of the
land in question, we are of the view that as the basis of the impugned
judgment was a submission alleged to be incorrectly made by the
respondents in the Writ Petition, our judgement dated 16.05.2017
deserves to be recalled.
9. Accordingly, the Review Petition is allowed and the judgment
and order dated 16.05.2017 of this Court passed in the above Writ
Petition is recalled. The Writ Petition is restored back to its original
number.
W.P.(C) 2326/2015
10. As noted hereinabove, the present Writ Petition has been filed
relying upon the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 and asserting that the possession of the land in question was
not taken over and the compensation not paid pursuant to the land
acquisition proceedings. The Writ Petition claims the following
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W.P.(C) 2326/2015 Page 4 of 7
reliefs:-
“a) Issue a writ of mandamus , or any other
suitable writ, order of direction in like nature
thereby holding that the acquisition
proceedings resulting from the 1364, 1051,
1337 and 1342 of entire land falls in Khasra
No. 1127/360/1(1-03), 363/(5-08), 552/1(1-0),
1127/360/2(0-15), 363/1(-01), 491(2-19) AND
361(2-0) total measuring area 13-06
respectively situated in the revenue estate of
Village-Baha pur, District-South East, New
Delhi is null, void and all subsequent
proceedings conducted there in stood lapsed in
view of the provisions of Section 24(2) of Right
to fair Compensation and transparency in
Land Acquisition, Rehabilitation And
Resettlement Act, 2013.
b) Direct the respondent no. 3 to release the
aforesaid land of the petitioners forming part
of khasra no. 1127/360/1(1-03), 363/2(5-08),
552/1(1-0), 1127/360/2(0-15), 363/1(-01),
491(2-19) AND 361 (2-0) total measuring area
13-06 respectively situated in the revenue
estate of Village-Baha pur, District-South
East, New Delhi.”
11. The review petitioner asserts, on the basis of the documents
now filed with the Review Petition, that not only the possession of the
land had been taken over, but even the compensation for the same had
also been paid to the petitioner no.1 and the predecessors-in-interest of
the petitioner nos.2 to 4. We quote from the Review Petition as
under:-
“3. That the Respondent had filed its counter
affidavit in the above said case and in the said
affidavit, the Respondent has inadvertently
stated that compensation except khasra no.
361/1 was not paid. However, khasra
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Signing Date:17.10.2026
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W.P.(C) 2326/2015 Page 5 of 7
no.1127/360/1 (1-03), 363/2 (5-08) and 552/1
(1-0) was acquired vide award no. 1364 and
possession was taken over on 13.06.1963 and
compensation was paid to the recorded owners
on 10.05.1963 & 21.05.1963. The possession
of Khasra No. 1127/360/2 (0-15) and 363/1 (0-
01) was taken over on 21.08.2007 and
compensation was also paid. These lands were
acquired vide Award no. 1051. The Possession
of Khasra No. 361/1 was 10.08.1962 and
compensation was forwarded to the court of
ADJ under Section 30-31 of the Land
Acquisition Act, 1894 on 05.07.1968. Further,
possession of 491 (2-19) was taken over and
compensation was also paid to the recorded
owner, these fact are clearly recorded in the
Offer no. 1337. It is pertinent to mention here
that this land was acquired under Resettlement
of Displaced persons Land Acquisition Act,
1948 and not under Land Acquisition Act,
1894. Thus, it is clear from these facts that the
petitioners have concealed these facts from
this Hon'ble Court.
Copies of Form -CC, Form -A and letter dated
16.08.1961 and Offer no. 1337 alongwith its
typed copies are annexed herewith and marked
as ANNEXURE R -2/2 (Colly).”
12. Though, in spite of opportunity granted, no reply was filed by
the Writ Petitioners to the Review Petition, the above said assertion of
the Review Petitioners is denied by the Writ Petitioners, who maintain
that they still remain in possession of the land in question.
13. We are of the view that these, being disputed assertions of fact
requiring evidence, would be matters which would be best determined
and should be left to be determined by way of appropriate civil
proceedings, and not on the basis of affidavits filed in a Writ Petition
under Article 226 of the Constitution of India.
Signature Not Verified
Digitally Signed
By:REYMON VASHIST
Signing Date:17.10.2026
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14. We, therefore, refuse to exercise our extraordinary discretionary
jurisdiction in the present Writ Petition, leaving it open to the
petitioners to avail of their alternate remedies in accordance with law,
if they have any grievance with the actions or inactions of the
respondents.
15. The petition is, accordingly, dismissed with liberty as
mentioned above.
NAVIN CHAWLA, J
ARUN BHARDWAJ, J
OCTOBER 14, 2026 /rv/Yg
Signature Not Verified
Digitally Signed
By:REYMON VASHIST
Signing Date:17.10.2026
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