Delhi High Court

Unauthorized occupants of acquired land lack legal standing to challenge road widening for public development projects.

Saroj (Widow Of Khemchand) vs State Of Nct Of Delhi Through Its Chief Secretary & Ors.

Delhi High CourtJUDGMENT: May 18, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners are residents/occupants of land in Khasra No. 12(min) and 13(min) of Village Haiderpur, Delhi. The authorities planned to expand Road No. 320 to a 30-meter width, which necessitated the removal of structures occupied by the petitioners

Source reference: para. 4-5

On April 6, 2026, the High Court issued a judgment directing the expansion of the road and providing a timeline for eviction

Source reference: para. 4

The petitioners in W.P.(C) 1784/2026 filed a review petition (Review Pet. 227/2026) claiming a new regularization notification for the village and disputing the road's intended width

Source reference: para. 8

Simultaneously, two individuals who were part of the original representative suit filed a fresh writ petition [W.P.(C) 6338/2026] challenging the eviction and an ex-gratia compensation notice dated May 4, 2026

Source reference: para. 18-20
02

Issues

1. Whether there is an error apparent on the face of the record justifying a review of the judgment dated April 6, 2026, in light of a subsequent regularization notification

Source reference: para. 16

2. Whether a fresh writ petition can be maintained by individual occupants for the same cause of action after their representative petition was dismissed

Source reference: para. 24

3. Whether the executive's notice for ex-gratia compensation and eviction timeline violated the court's prior directions

Source reference: para. 22, 27
03

Law Applied

The court primarily applied Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, which permits review only when there is an "error apparent on the face of the record"

Source reference: para. 3, 16

It also applied principles governing representative litigation, holding that when a petition is filed on behalf of a group (via Power of Attorney), individual members of that group cannot maintain separate writ petitions for the same relief

Source reference: para. 24

the expansion of public infrastructure on acquired land is a matter of administrative policy, and occupants without registered title deeds have no vested legal right to block such development

Source reference: para. 13
04

Reasoning

Regarding the review, the court found that the arguments concerning the regularization of Shalimar Bagh village and the classification of the road (collector vs. arterial) had already been considered and recorded in the original judgment

Source reference: para. 9, 15

The court noted that the petitioners lacked registered sale deeds or established titles, occupying acquired land as encroachers. Consequently, no "error apparent" was found

Source reference: para. 12-13, 16

Regarding the fresh writ petition, the court observed that the new petitioners were serial-numbered signatories to the original Special Power of Attorney in the first case; thus, they were bound by the previous dismissal

Source reference: para. 21, 24

The court analyzed the May 4 notice and found it consistent with its prior direction to offer ex-gratia compensation and a "sympathetic" vacation period

Source reference: para. 25-27
05

Holding

The court dismissed the review petition and the fresh writ petition. It held that the expansion of Road No. 320 must proceed as per the UTTIPEC approval

The court refused to appoint a Commissioner to measure the road, citing previous reviews of drone footage and maps. The petitioners were ordered to vacate the premises by May 30, 2026, in line with the original directions, while the authorities were permitted to proceed with demolition and expansion thereafter

Source reference: para. 14, 26, 30
Delhi High Court

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Saroj (Widow Of Khemchand)vsState Of Nct Of Delhi Through Its Chief Secretary & Ors.

Delhi High Court · May 18, 2026

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