Facts
The Petitioners, occupants of Khasra No. 12(min) and 13(min) in Village Haiderpur, challenged the expansion of Road No. 320 to a 30-meter width.
Source reference: no citationIn an earlier judgment dated April 6, 2026, the Court had ordered the expansion to proceed while granting occupants time until May 30, 2026, to vacate.
Source reference: para. 4, 14The occupants subsequently filed a Review Petition based on a new Gazette notification regarding village regularization and contested the intended road width.
Source reference: para. 8Simultaneously, two occupants filed a fresh Writ Petition [W.P.(C) 6338/2026] challenging an eviction notice dated May 4, 2026, which offered ₹3 lakhs ex-gratia compensation for vacating by May 15.
Source reference: para. 18, 22Issues
1. Whether the Gazette notification for regularization of the village and the classification of the road as a "collector road" constitute errors apparent on the face of the record justifying a review of the previous judgment.
Source reference: para. 9, 152. Whether a fresh Writ Petition is maintainable by parties who were represented through a Special Power of Attorney in the original litigation.
Source reference: para. 243. Whether the executive notice regarding ex-gratia compensation and early vacation deadlines exceeded the Court’s directions.
Source reference: para. 22, 27Law Applied
The Court applied the principles of Review under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, which requires an "error apparent on the face of record" for interference.
Source reference: para. 3, 16occupants of acquired land without registered title deeds (claiming only via GPAs) lack a legal right to stop developmental projects.
Source reference: para. 12-13the doctrine of Res Judicata or finality of litigation, holding that separate petitions by the same interest groups against the same subject matter are not maintainable.
Source reference: para. 24Reasoning
The Court found no grounds for review, noting that the arguments regarding regularization and road width were already recorded and considered in the original judgment.
Source reference: para. 9, 15It emphasized that the occupants failed to establish legal title, as most claimed rights through unregistered GPAs rather than sale deeds.
Source reference: para. 12-13The Court held that determining road width for developmental projects is a policy and administrative matter, not a judicial one.
Source reference: para. 13Regarding the new Writ Petition, the Court observed that the Petitioners were already parties to the previous litigation via a Special Power of Attorney and thus could not initiate fresh proceedings for the same cause.
Source reference: para. 21, 24The May 4 notice was found to be in compliance with the Court's earlier direction to the GNCTD to decide on sympathetic ex-gratia compensation.
Source reference: para. 26-27Holding
The Court dismissed the Review Petition, holding there was no error apparent on the record.
The Court reaffirmed that expansion of Road No. 320 must proceed; occupants must vacate by May 30, 2026, and those shifting by May 15 are eligible for the ₹3 lakhs ex-gratia payment and licensed accommodation at Savda Ghevra.
Source reference: para. 15, 25-26Original Court PDF
Nirmala Devi & Anr.vsLieutenant Governor Of Delhi & Ors.
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