Facts
The Petitioner, Mohammad Rehan, sought a Writ of Mandamus to quash a demolition notice dated 13.03.2026 issued by the Delhi Development Authority (DDA) concerning House No. D-60, Shastri Park
Source reference: p. 1-2The Petitioner claimed title through a chain of transfers originating from a 1969 sale deed executed by one Sh. Budha
Source reference: p. 2He contended that the land (Khasra No. 74/1) was never acquired, no compensation was paid, and physical possession was never taken by the DDA
Source reference: p. 5Conversely, the Respondents (DDA and Land Acquisition Collector) produced Award No. 838 (1957) and Award No. 4/1969, asserting that Sh. Budha had claimed compensation for the land and that possession had been taken over in 1956
Source reference: p. 6Issues
1. Whether the land in question was validly acquired by the state, thereby extinguishing the Petitioner’s claim to the property
Source reference: para. 182. Whether the High Court, under Article 226 of the Constitution, can adjudicate deeply contested questions of fact regarding title and acquisition
Source reference: para. 21-22Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution of India
Source reference: para. 1High Courts should refrain from resolving "hotly disputed questions of facts" in writ proceedings, as reiterated in the Supreme Court precedent Shubhas Jain v. Rajeshwari Shivam, (2021) 20 SCC 454
Source reference: para. 21the Court considered the evidentiary value of Land Acquisition Awards under the Land Acquisition Act, 1894, to determine prima facie possession and title
Source reference: para. 17-18Reasoning
The Petitioner relied on Award No. 1048 (1960) to argue the land was excluded from acquisition; however, the Court found this award pertained to a different notification and was irrelevant to the property in question
Source reference: para. 14, 19the Respondents produced Award No. 838 (1957) and Award No. 4/1969, which explicitly showed that the Petitioner’s predecessor-in-interest, Sh. Budha, had claimed compensation and that possession of Khasra No. 74/1 and 74/2 had been taken
Source reference: para. 15, 17The Court reasoned that since the Respondents provided prima facie proof of acquisition and compensation, the Petitioner’s claims created a "disputed question of fact"
Source reference: para. 18, 20the Court held that such disputes require detailed evidence and cannot be adjudicated in a summary writ proceeding
Source reference: para. 22Holding
The Court dismissed the writ petition and vacated the interim stay on demolition granted earlier on 30.03.2026
The Court held that the Respondents successfully demonstrated prima facie that the land was part of acquisition proceedings, and the resulting factual dispute regarding title and possession was not maintainable under Article 226
Source reference: para. 18, 22All pending applications were disposed of accordingly
Source reference: para. 24Original Court PDF
Mohammad RehanvsDelhi Development Authority
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in