$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1513/2026 & CM APPL. 7404/2026, CM APPL. 7405/2026 ARSHAD KHAN .....Petitioner Through: Mr. Apratim Animesh Thakur, Adv.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Sanjay Kumar Pathak, SC with Ms. K. K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. Mohd. Sueb Akhtar and Ms.Joohu Kumari,Advsfor R2 &

R3.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 03.02.2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner praying that the award no. 14/87-88 (hereinafter, ‘the impugned award’) be declared as invalid and non est in view of the compensation which was deposited in respect of the said amount, having been withdrawn by the Land Acquisition Collector (hereinafter, ‘the LAC’) on 13^th April, 1993. The prayer in this writ petition is as under:

“(i) issue an appropriate writ, order or direction thereby formally declaring that the Award No. 14/87-88, pertaining to Village Satbari, New Delhi hasinvalidatedandisnon est in viewof thefactthat the compensation under the said Award has been withdrawn by the Respondent No. 2 vide Voucher No. 1370 dated 13.04.1993;

(ii) issue a writ order or direction thereby formally declaring Award No.14/87-88 pertaining to Village Satbari, New Delhi being an offer from the Authorities, stands withdrawn by the Respondents with effect from 13.04.1993;

(iii) issue a writ order or direction thereby formally declaring that the Award No. 14/87-88, pertaining to Village Satbari, New Delhi is rendered null and void on account of procedure lapses and deliberate misconduct by the Respondents;

(iv) issue a writ order or direction thereby formally declaring that the Award No. 14/87-88, pertaining to Village Satbari, New Delhi is rendered unenforceable on account of being violative of the Constitutional rights and guarantees of the land owners of Village Satbari, New Delhi;

(v) issue a writ order or direction thereby that all the consequential proceedings under the impugned Award No. 14/87-88 pertaining to Village Satbari, New Delhi are ultra virus;

(vi) to the respondents thereby quashing and setting aside the Award No.14/87-88, Village Satbari, New Delhi; AND (vii) Pass such other and further order (s) which your lordships may deem fit and proper in the facts and circumstances of the instant case.”

3. The case of the Petitioner is that he has been a co-owner and is in continuous physical possession of land admeasuring 9 Bighas and 9 Biswas, comprised in Khasra Nos.921/1(2-5), 921/2(1-17), 922 Min. (0-5), 1059 (4- 14)and944Min.(0-8)(hereinafter,‘thesubjectland’),situatedintherevenue estate of village Satbari, Tehsil Mehrauli, New Delhi.

4. TheclaimofthePetitionerofco-ownershipofthesubjectlandisonthe basis of a Khatauni, which contains the following description:

5. An initial notification no.F.9(16)/80-L&B under Section 4 of the Land Acquisition Act, 1894 was issued on 25^th November, 1980 for acquisition of the land falling in village Satbari, New Delhi for a public purpose, namelyfor the planned development of Delhi.

6. Thereafter, notification No.F.9(16)/85-L&B u/s 6 of the Land Acquisition Act, 1894 was also issued on 20^th May, 1985. The impugned award was then passed on 26^th May, 1987, bearing No. 14/87-88.

7. According to the Petitioner, an RTI application was filed on 27th February, 2018, in respect of the amount of Rs. 11,71,18,574.47, which was deposited by the LAC with the Government Treasury. The said amount was, however, withdrawn on 13^th April, 1993, by an order of the competent authority i.e., the Hon’ble Lt. Governor, and was transferred to village Kakrola vide voucher No.1370, dated 13th April, 1993 to pay compensation for an award passed for village Kakrola vide Award No.1/93-94.

8. On behalf of the Petitioner, it is stated that the Petitioner, being the co- owner of the subject land, and the deposited amount having been withdrawn, it is the case of Mr. Thakur, ld. Counsel appearing f