$~9 (Regular matter)

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26.02.2026 + W.P.(C) 12886/2009 BABU KHAN .....Petitioner Through: Ms. Tasneem Ahmadi and Ms.

Shubhi Khare, Advs.

versus DDA .....Respondent Through: Ms. Chand Chopra, Mr. Punishk Handa, Advocate CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH JASMEET SINGH, J (ORAL

1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-

“(i) Grant a writ of Mandamus or any other writ in the nature of mandamus directing the respondent to hand over possession of plot No. 164/22 & 165/22 measuring 1112 sq. yd. in Abadi Ghosla (Jheel Kurenja) to the Petitioner, or any other plot of equivalent area in the same locality.

(I) Grant a Writ ofMandamus or any other writ in the nature of mandamus directing the Respondent Nos. 1 and 2 to hand over possession of plot No. 164/22 & 165/22 measuring 1112 sq. yds. in Abadi Ghosla (Jheel Kurenja) to the Petitioner, or any other plot of equivalent area in the same locality and execute an appropriate Lease Deed for the same.

(ii) Grant a writ of Mandamus or any other writ in the nature of mandamus directing the respondent to execute a fresh Lease Deed for 20 years extendable by another 30 years for such plot as is leased out to the Petitioner and possession handed over to the Petitioner.

(iii) Award the costs to the Petitioner. …..”

2. The case of the petitioner is that the Deputy Commissioner of Delhi leased a plot of Nazul land admeasuring 1112 Sq. yds. bearing Khasra No. 164/22 and 165/22 Plot No. 1 and 2 situated in Block No. B of Abadi Ghosla (Jheel Kurenja) Delhi (“subject property”) and executed a Lease Deed on 01.08.1915 in favour of Allah Bux, son of Maula Bux, for a term of 20 years expiring on 31.07.1935. Later on request of Inayatullah i.e., grandfather of the petitioner, successor in interest of Allah Bux, the Deputy Commissioner renewed the Lease Deed for a further term of 20 years i.e., from 01.08.1935 to 31.07.1955 in favour of Inayatullah and executed another Lease Deed on

24.03.1936. The relevant clauses of the said Lease Deed read as under:-

“(12) The Lessor will at the request and cost of the Lessee at the end of the term hereby granted and so on from time to time thereafter at the end of each such successive further term of years as shall be granted, a new lease of the premises demised hereby execute to the Lessee by way of renewal for a further term as follows:

(a) At second renewal - 20 years.

(b) At third renewal-30 years.

Provided always that each such renewed term of years as shall be granted shall not with the original term of years and anyprevious renewals exceed in the aggregate the period of 90 years.”

3. During partition, Inayatullah’s properties including the subject property was treated as evacuee property and the rights to the same were forfeited. However, later on Inayatullah’s appeal to the Assistant Custodian (Judicial), Jamnagar House, New Delhi in respect of all his properties, vide order dated 12.09.1961 it was held that since Inayatullah never migrated to Pakistan, he was a non-evacuee and therefore, his properties were restored.

The operative portion of the said order reads as under:-

“In view of the above facts, I hold that petitioners title to the property in dispute has been established and that they being non-evacuees, the aforesaid property is restored to them and denotified as such.”

4. After the said order, possession of other property was handed over, however, since the possession of the subject property was with Delhi Development Authority (“DDA”) and DDA executed a Lease Deed for the property on 15.11.1984 for a period of 20 years expiring on 14.11.2004 and extendable by another 30 years. However, despite the same, DDA did not hand over possession. The relevant clauses of the said Lease Deed read as under:-

“12) The Lessor hereby covenants with the Lessee that at the request and cost of the Lessee before or at the end of the said term of twenty years th