IN THE HIGH COURT OF DELHI AT NEW DELHI
SHAILENDER BANSAL & ORS. – Appellant
Versus
GOVT. OF NCT OF DELHI & ORS. – Respondent
W.P.(C)-17606/2025
##PAGE1##
$~123
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.12.2025
+ W.P.(C) 17606/2025
SHAILENDER BANSAL & ORS. .....Petitioners
Through: Mr. V. P. Dabas, Advocate.
versus
GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Ms. Avni Singh, Panel Counsel
(GNCTD) along with Mr. Vaibhav
Sharma, Advocate for State.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (ORAL)
1. The present petition assails the order dated 25.02.2025 passed by
respondent no.3 (Sub-Registrar, North West, Kanjhawala), whereby the
registration of the duly executed and presented sale deed dated 19.02.2025
in favour of the petitioners is stated to has been denied. Order dated
25.02.2025 is reproduced as under –
Signature Not Verified
W.P.(C) 17606/2025 Page 1 of 6
Digitally Signed
By:UMANG
Signing Date:23.12.2025
19:18:31
##PAGE2##2. The concerned land was originally allotted to respondent no.4 during
consolidation proceedings in the year 1998 in lieu of his pre-consolidation
holdings.
3. The petitioners submit that they have lawfully purchased the land for
valuable consideration, paid the requisite stamp duty and registration fees,
and presented the sale deed before the Sub-Registrar after completing all
necessary compliances.
4. It is submitted that respondent no.3 refused registration solely on the
basis of an order dated 05.12.2019 bearing No. F. 5/Distt. NW/TEch
(K)/2018/3768-3775, passed by District Magistrate (North West),
Knjhawala, Delhi, relating to the ongoing consolidation proceedings. The
said order is reproduced as under –
“It has been observed that there is an urgent need for rectification of
revenue record of consolidation in village Kanjhawala for excess
allotment and/or less allotment, allotment without entitlement etc. This is
inter alia affecting the issue of No Objection Certificate and mutation for
transfer of land in the village causing inconvenience to public. Due to
such erroneous allotment a number of court cases have also been filed
for fulfilment of demand/deduction of excess allotment/cancellation of
improper allotment etc. and it has resulted in loss of Gaon Sabha land as
well.
The village Kanjhawala is under consolidation since 1993 and due to
erroneous allotment and continuous change in land record the
consolidation process has still not attain finality. The village is still
under consolidation and the scheme has not been consigned yet.
Further, the village Kanjhawal is now urbanized and hence its Gaon
Sabha land and revenue records are required to be transferred to DDA.
But considering the status of village where the consolidation proceedings
are still going on such transfer may not be possible.
Accordingly, it is felt necessary that the revenue record/scheme of village
Kanjhawala which is still under consolidation is required to be
consigned first for the redressal of the above issues and for facilitating
transfer of Gaon Sabha land and revenue records of DDA.
Signature Not Verified
W.P.(C) 17606/2025 Page 2 of 6
Digitally Signed
By:UMANG
Signing Date:23.12.2025
19:18:31
##PAGE3##In view of the above, in order to expedite the process of consolidation
and to consign the scheme (Basta Band) in village Kanjhawala, it is
hereby ordered to stop the issuance of No Objection Certificate for
transfer of land and mutation for the entire village of Kanjhawala with
immediate effect till further orders.”
5. It is submitted that the refusal order dated 25.02.2025 is contrary to
the judgment/order of this Court in Okaya Infocom Pvt. Ltd & Anr. v. Govt.
of NCT of Delhi & Anr., passed in W.P.(C) 12122/2021.
6. A perusal of the judgment/order in Okaya (supra) reveals that the
controversy therein arose in an identical factual conspectus. It was, inter
alia, observed therein as under:
“12. In the circumstances, what is apparent to this court is that
consolidation proceedings in respect of Village : Ladpur have been
pending since 1993, that is for almost 30 years. Furthermore, there is no
cavil that section 30 of the EPH Act does not impose an absolute bar
against transfer of land dur
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