Delhi High Court

Writ Petition against road expansion is not maintainable where occupants lack registered title and encroach upon acquired land.

Nirmala Devi & Anr. vs Lieutenant Governor Of Delhi & Ors.

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

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 citation

In 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, 14

The occupants subsequently filed a Review Petition based on a new Gazette notification regarding village regularization and contested the intended road width.

Source reference: para. 8

Simultaneously, 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, 22
02

Issues

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, 15

2. 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. 24

3. Whether the executive notice regarding ex-gratia compensation and early vacation deadlines exceeded the Court’s directions.

Source reference: para. 22, 27
03

Law 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, 16

occupants of acquired land without registered title deeds (claiming only via GPAs) lack a legal right to stop developmental projects.

Source reference: para. 12-13

the 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. 24
04

Reasoning

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, 15

It emphasized that the occupants failed to establish legal title, as most claimed rights through unregistered GPAs rather than sale deeds.

Source reference: para. 12-13

The Court held that determining road width for developmental projects is a policy and administrative matter, not a judicial one.

Source reference: para. 13

Regarding 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, 24

The 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. 26-27
05

Holding

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, 25-26
Delhi High Court

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Nirmala Devi & Anr.vsLieutenant Governor Of Delhi & Ors.

Delhi High Court · May 18, 2026

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