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2025 Supreme(Online)(Del) 48383

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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