IN THE HIGH COURT OF DELHI AT NEW DELHI
SMT JAYPALI VS. UNION OF INDIA & ORS.
W.P.(C) 3744/2024
##PAGE1##
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3744/2024 & CM APPL. 80428/2025
COL MAHINDER SINGH AND ANR .....Petitioners
Through: Ms. Shimpy Arman Sharma, Ms.
Shivangi Goel, Advocates along with
petitioner no. 2 in person
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Biraja Mahapatra, Advocate for
R-1 and R-2
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 19.12.2025
1. The petitioners, alleging acquisition of their land, have approached this
Court seeking issuance of directions to respondent no. 1 and 2, i.e., the Land
Acquisition Collector (‘LAC’) and the Government of NCT of Delhi
(‘GNCTD’), to pay compensation as per the market rate in regard to their half
share in the total land admeasuring 6 bighas 10 biswas, out of Khasra No.
45, situated in the revenue Village Masoodpur, New Delhi, which was
acquired pursuant to the Award dated 22nd December, 1980.
2. The contention of the petitioners is based on the Award passed under
Section 18 of the Land Acquisition Act, 1894, by the Reference Court on 20th
October, 2006. According to learned counsel for the petitioners, the
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 06/02/2026 at 11:35:23
##PAGE2##compensation for the acquired land was enhanced to Rs. 20 per square yard
by the Reference Court, i.e. the learned Additional District Judge (LAC),
Delhi, in LAC No. 108A/1/06, Mahender Singh s/o Sh. Sultan Singh & Anr.
v. Union of India & Anr.
3. It is claimed that not only the said land of the petitioners was acquired
under the very same notification, which is referred to in the aforesaid Award
passed under Section 18, but that the petitioners, in addition to them, are also
entitled to enhanced compensation.
4. It is further claimed that since compensation was not awarded pursuant
to the aforesaid reference, which had also been preferred by the petitioners,
review proceedings were taken out, which were also rejected, which prompted
the petitioners to approach this Court by way of the instant petition.
5. As against above, the learned counsel appearing for respondents has
invited our attention to the observations made in the aforesaid judgment of
the Reference Court. According to the learned counsel appearing for the
respondent/LAC, the Reference Court has made following observations:
“ 11. ………… Therefore, the petitioners are not entitled for the
same. In the statement U/sec. 19 of the LA Act, it is specifically
mentioned that Sh. Mahender Singh/ petitioner no.1 made a
statement in favour of Sh. Chhotu S/o Sada Sukh and as such,
the compensation was paid to Sh. Chhotu who had filed
reference petition separately, therefore, Sh. Mahender Singh is
not a person interested. In view of the statement given by Sh.
Mahender Singh S/o Sh. Sultan Singh, the petitioner no.1/Sh.
Mahender Singh is not entitled to the enhancement in
compensation in respect of the land bearing khasra no. 45 min
(6-10) situated in village Masoodpur, Delhi. These issues are
answered accordingly.”
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 06/02/2026 at 11:35:23
##PAGE3##6. According to learned counsel for the respondent/LAC so also the Delhi
Development Authority (‘DDA’), i.e. respondent no. 3, the parties inter se
entered a settlement in a suit and same has led to the Civil Court while
exercising powers under Section 18 of the Land Acquisition Act, 1894 for
making aforesaid observations. As such, the prayer is opposed and dismissal
of the petition is sought.
7. Having gone through the respective claims, we are of the view that we
would like to have assistance from the learned counsel for petitioners as
regards the maintainability of the very petition, as once Section 18 reference
is answered
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