Delhi High Court – Orders
Rajiv Choudhrie Huf vs Government Of Nct Of Delhi And Ors on 18 August, 2025
$~51 & 52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12394/2025 & CM APPL. 50565/2025
RAJIV CHOUDHRIE HUF .....Petitioner
Through: Ms. Smita Maan, Mr. Vishal Maan
and Mr. Yuvraj Dahiya, Advs.
versus
GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents
Through: Ms. Shobhana Takiar, SC for R-
4/DDA with Mr. Kuljeet Singh, Adv.
Ms. Malvika Kapila, Ms. Tanwangi
Shukla and Ms. Apoorva Jain, Advs.
for DDA.
Mr. Sanjay Kumar Pathak, Standing
Counsel along with Mr. Sunil Kumar
Jha and Mr. M.S. Akhtar, Advs. for
LAC/L&B/GNCTD.
Mr. Piyush Gupta, CGSC with Mr.
Atishay Jain and Ms. Khyati, Advs.
for R-3/UOI.
52
+ W.P.(C) 12395/2025 & CM APPL. 50570/2025
MOHAN LAL GANDHI & ORS. .....Petitioners
Through: Ms. Smita Maan, Mr. Vishal Maan
and Mr. Yuvraj Dahiya, Advs.
versus
GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel along with Mr. Sunil Kumar
Jha and Mr. M.S. Akhtar, Advs. for
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LAC/L&B/GNCTD.
Ms. Malvika Kapila, Ms. Tanwangi
Shukla and Ms. Apoorva Jain, Advs.
for R-4/DDA
Mr. Chetanya Puri, SPC with Mr.
Anand Awasthi, Adv. for R-3/UOI.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 18.08.2025
CM APPL. 50566/2025 in W.P.(C) 12394/2025 & CM APPL.
50571/2025 in W.P.(C) 12395/2025
1. Exemption allowed, subject to all just exceptions.
2. The applications stand disposed of.
W.P.(C) 12394/2025 & W.P.(C) 12395/2025
3. Having heard the counsel for petitioner at length, 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
prayer clause. For ease of reference the said prayer is extracted as under:
“Issue a Writ of Certiorari or any other appropriate
writ, direction or order quashing and setting aside the
public notice dated 31.07.2025 issued under Section 21
of the New Land Acquisition Act, 2013 in respect of the
Petitioner land comprised in Khasra no. 27//9 (4-16), 12
(4-16), 19 (4-16),22 (4-16),36//2 (4-16), and 9 (3-00),
Total ad-measuring 27 bighas, situated in VillageThis is a digitally signed order.
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Bamnoli, New Delhi, and land bearing Khasra No.
2144/2 (4-00), Village Tihar, New Delhi;”
4. It is the case of the petitioner that the Apex Court in the matter of
State (NCT of Delhi) v. K.L. Rathi Steels Ltd., (2024) 7 SCC 315,
has issued following directions:
“128.Notwithstanding our discussion on the reference
which was necessitated to answer the question of law
on which there was a disagreement between the
Hon’ble Judges of the Division Bench, taking an
overall and holistic view of the matter and in the light
of the larger public interest that is involved, in each of
the RPs and miscellaneous applications that have been
dealt with by this judgment (except those remanded to
the High Court and those de-tagged for separate
listing infra), we issue the following directions:
128.1. 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;
128.2. 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;
128.3. 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
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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
128.1, 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;
128.4. 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 128.1 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 Section 11 of the 2013 Act, and shall
be deemed to have been published as on 1-1-
2014;
128.5. 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;
128.6. 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;
128.7. The Collector shall publish a public
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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
direction 128.6 above;
128.8. 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.;
128.9. 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
Section 29 and shall further award solatium in
accordance with Section 30 of the 2013 Act;
128.10. 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
128.11. 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
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5. Learned counsel for the petitioner claims that, deviating from the
scheme 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.
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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, Mr. Piyush Gupta, CGSC for respondent
no. 3, Ms. Shobhana Takiar and Ms. Malvika Kapila, Standing
Counsel for DDA and Mr. Chetanya Puri, SPC for R-3 accepts
notice on behalf of respective respondents.
9. 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.
10.The aforesaid injunction order is passed taking in view the prima
facie satisfaction by this Court that the schedule as ordered by the
Apex Court in the matter of State (NCT of Delhi) v. K.L. Rathi
Steels Ltd., (supra) appears to be mandatory in nature.
11. Re-notify on 22nd September, 2025. On the same day other matters
regarding similar issues are also listed – W.P.(C) 11820/2025 titled
as “Lokesh Lochav & Anr. v. Govt. of NCT of Delhi & Ors.” and
W.P.(C) 12158/2025 titled “Chandrelekha Solomon v. Govt. of
NCT of Delhi & Ors.”
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12. Order be uploaded to the website of this Court.
NITIN WASUDEO SAMBRE, J
ANISH DAYAL, J
AUGUST 18, 2025/sky/sp
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