Delhi High Court – Orders
Pooja Churamani vs Govt Of Nct Of Delhi & Ors on 21 August, 2025
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12683/2025 & CM APPL. 51745/2025,
POOJA CHURAMANI .....Petitioner
Through: Mr. Sumit Bansal, Sr. Adv. along with
Ms. Iti Sharma and Mr. Utsav Garg,
Advs.
versus
GOVT OF NCT OF DELHI & ORS. .....Respondent
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel for R-1 & 2 with Mr. Sunil
Kumar Jha, Mr. M.S. Akhtar and Mr.
Divakar Kapil, Advs.
Ms. Malvika Kapila, Adv. for R-
3/DDA.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 21.08.2025
CM APPL. 51746/2025 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 12683/2025
3. Having heard counsel for petitioner, what can be noticed from the
pleadings in the petition is the challenge to the notice dated 31st July 2025
(‘impugned notice’), issued under Section 21 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 (‘Act of 2013’), in respect to the land described in the
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prayer clause. For ease of reference, the said prayer is extracted as under:
“issue a writ of certiorari or any other appropriate
writ, order or direction thereby quashing and sett-
aside the Public Notice
No.1(1651)/ADM(S)/2024/651 -60 dated
31.07.2025 issued u/s 21 of the New Land
Acquisition Act 2013 in respect of the larid
admeasuring 17 bighas and 14 biswas comprised
in Khasra Nos. 1334/2 (4-01), 1335/2 (0-09)
1335/3/2 (0-01), 1335/5 (02-02), 1335/6 (01-09),
1336 (04-16), 1337 (04-16) situated at Village
Chattarpur, New Delhi.”
4. It is the case of the petitioner that the Apex Court in the matter of Govt.
of NCT of Delhi v. BSK Realtors LLP (2024) 7 SCC 370, has issued
following directions and that they were listed as part of List D1 in the
Appendix by the Supreme Court in DDA v. Tejpal & ors. (2024) 7 SCC 433:
“58. So far as the cases falling under Groups
A and B-1 are concerned (for which we have
already condoned delay and have granted leave
through paras 1 and 2 of this judgment), we hold
that, owing to the exceptional and unprecedented
situation having arisen for the reasons already
discussed elaborately, we do not deem it necessary
to draw any distinction among the cases classified
under Groups A and B-1 vis-à-vis case falling in
Group C. Consequently, taking an overall view of
the matter and upon due consideration of the
principles of uniformity, consistency, and public
interest involved, we exercise the jurisdiction
conferred upon this Court by Article 142 of the
Constitution and issue the following directions in
each of the cases that have been dealt with by this
judgment and classified under Groups A and B-1:
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58.1. The time-limit for initiation of fresh
acquisition proceedings in terms of the provisions
contained in Section 24(2) of the 2013 Act is
extended by a year starting from 1-8-2024
whereupon compensation to the affected
landowners may be paid in accordance with law,
failing which consequences, also as per law, shall
follow;
58.2. The parties shall maintain status quo
regarding possession, change of land use and
creation of third-party rights till fresh acquisition
proceedings, as directed above, are completed;
58.3. Since the landowners are not primarily
dependent upon the subject lands as their source of
sustenance and most of these lands were/are under
use for other than agricultural purposes, we deem
it appropriate to invoke our powers under Article
142 of the Constitution and dispense with the
compliance of Chapters II and III of the 2013 Act
whereunder it is essential to prepare a Social
Impact Assessment Study Report and/or to develop
alternative multi-crop irrigated agricultural land.
We do so to ensure that the timeline of one year
extended at para 58.1 above, to complete the
acquisition process can be adhered to by the
appellants and the Gnctd, which would also likely
be beneficial to the expropriated landowners;
58.4. Similarly, compliance with Sections 13, 14,
16 to 20 of the 2013 Act can be dispensed with as
the subject lands are predominantly urban/semi-
urban in nature and had earlier been acquired for
public purposes of paramount importance. In
order to simplify the compliance of direction at
para 58.1 above, it is further directed that every
notification issued under Section 4(1) of the 1894
Act in this batch of cases, shall be treated as a
preliminary notification within the meaning of
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Section 11 of the 2013 Act, and shall be deemed to
have been published as on 1-1-2014;
58.5. The Collector shall provide hearing of
objections as per Section 15 of the 2013 Act
without insisting for any Social Impact Assessment
Report and shall, thereafter, proceed to take
necessary steps as per the procedure contemplated
under Section 21 onwards of Chapter IV of the
2013 Act, save and except where compliance of any
provision has been expressly or impliedly
dispensed with;
58.6. The landowners may submit their objections
within a period of four weeks from the date of
pronouncement of this order. Such objections shall
not question the legality of the acquisition process
and shall be limited only to clauses (a) and (b) of
Section 15(1) of the 2013 Act;
58.7. The Collector shall publish a public notice on
his website and in one English and one vernacular
newspapers, within two weeks of expiry of the
period of four weeks granted under the direction in
para 58.6 above;
58.8. The Collector shall, thereafter, pass an
award as early as possible but not exceeding six
months, regardless of the maximum period of
twelve months contemplated under Section 25 of
the 2013 Act. The market value of the land shall be
assessed as on 1-1-2014 and the compensation
shall be awarded along with all other monetary
benefits in accordance with the provisions of the
2013 Act except the claim like rehabilitation, etc.;
58.9. The Collector shall consider all the
parameters prescribed under Section 28 of the
2013 Act for determining the compensation for the
acquired land. Similarly, the Collector shall
determine the market value of the building or
assets attached with the land in accordance with
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Section 29 and shall further award solatium in
accordance with Section 30 of the 2013 Act;
58.10. In the peculiar facts and circumstances of
this case, since it is difficult to reverse the clock
back, the compliance of Chapter V pertaining to
“Rehabilitation and Resettlement Award” is
hereby dispensed with; and
58.11. The expropriated landowners shall be
entitled to seek reference for enhancement of
compensation in accordance with Chapter VIII of
the 2013 Act.”
(emphasis added)
APPENDIX
(emphasis added)
5. Learned counsel for petitioner claims that, deviating from the scheme
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as prescribed under the Act of 2013, the Apex Court has fixed a schedule in
exercise of powers under Article 142 of the Constitution of India, 1950
(‘Constitution’), and the schedule should have been adhered to by the
respondents.
6. It is claimed that the impugned notice issued under Section 21 of the
Act of 2013 is sans the schedule prescribed and, as such, attracts the
consequences under Section 24(2) of the Act of 2013 for not completing the
acquisition proceedings within schedule.
7. It is the contention of the counsel for petitioner that the schedule, since
it is in deviation from the statutory provisions, i.e. Act of 2013 and is fixed in
exercise of powers under Article 142 of the Constitution, has a mandatory
effect and, as a sequel, the notice under Section 21 of the Act of 2013 stands
vitiated.
8. Issue notice. Mr. Sanjay Kumar Pathak, Standing Counsel for
respondent nos. 1 and 2 and Ms. Malvika Kapila, Advocate for R-3 accept
notice on behalf of the respective respondents.
9. Let notice be issued to the remaining respondents on steps being taken
by the petitioner through all prescribed modes including e-mail.
10. We make it clear that no further action pursuant to the notice under
Section 21 of the Act of 2013, as against the land of the petitioner, be
undertaken till returnable date.
11. The aforesaid injunction order is passed taking in view the prima facie
satisfaction of this Court that the schedule as ordered by the Apex Court in
the matter of Govt. of NCT of Delhi v. BSK Realtors LLP (supra) appears to
be mandatory in nature.
12. In the meantime, respondents may place their respective response in the
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form of an affidavit before the next date of hearing.
13. Re-notify on 22nd September 2025, on the same day as other matters
regarding similar issues are also listed.
14. List along with W.P.(C) 11820/2025 titled as “Lokesh Lochav & Anr.
v. Govt. of NCT of Delhi & Ors.” and W.P.(C) 12158/2025 titled as
“Chandralekha Solomon v. Govt. of NCT of Delhi & Ors.”
15. Order be uploaded to the website of this Court.
NITIN WASUDEO SAMBRE, J
ANISH DAYAL, J
AUGUST 21, 2025/sky/bp
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 22:31:22