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2023 Supreme(Del) 5965

ANUP JAIRAM BHAMBHANI
Subhadra Nehru – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Y. P. Narula, Senior Advocate with Mr. N.S. Vashisht and Mr.Abhay Narula, Advocates, for the Petitioner.
Mr. Udit Malik, ASC, for GNCTD with Mr. Vishal Chanda, Advocate, for the Respondent.

JUDGMENT

Anup Jairam Bhambhani J.

1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner, who is a widow about 78 years of age, impugns order dated 09.11.2022 passed by the Tehsildar (Land Acquisition), Mehrauli, New Delhi, thereby declining the petitioner's application for issuance of a No-objection Certificate (`NoC') to enable registration of a sale deed in respect of agricultural land bearing Khasra No. 91/2 situate in Village: Chandanhula, Tehsil: Mehrauli, New Delhi ad-measuring about 13 bigha and 10 biswa. (`subject land').

BRIEF FACTS

2. Briefly, the facts relevant for purposes of deciding the present petition are the following:

2.1. The petitioner and her husband purchased the subject land sometime in 1983 and constructed thereupon a farm house with a boundary wall, where the petitioner has been residing ever since.

2.2. The subject land is governed by the provisions of East Punjab Holdings (Prevention of Fragmentation) Act, 1948 (`EPH Act').

2.3. On 26.04.2003, the Consolidation Officer of Village Chandanhula passed a General Order (Robkar) which inter-alia said the following:

    "It is hereby announced that the `Scheme' of consolidati

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