$~J-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on: 06.04.2026 + W.P.(C) 952/2015 HAKIKAT RAI .....Petitioner Through: Ms. Tasneem Ahmadi and Ms. Afnan, Advs. versus D.D.A. .....Respondent Through: Mr. Ashim Vachher, Sr. Adv. with Mr. Vinayak Uniyal, Mr. Gaganmeet Singh Sachdeva and Ms. Saiba M.

Rajpal, Advs. for DDA.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J CM APPL. 56284/2025 (by respondent under Section 151 CPC seeking recall of judgment dated 07.10.2016)

1. The present application has been filed by the respondent/DDA (hereinafter referred to as ‘DDA’) seeking recall of the judgment dated 07.10.2016 to the extent the same records that the ownership of the petitioner namely, Late Hakikat Rai qua 15 biswas each in two khasra nos. 215 (min.) and 216 (min.) of Village Hauz Rani, New Delhi is not in dispute.

2. The facts on which the relief has been predicated are that the captioned writ petition was filed by the petitioner seeking following reliefs:

“(a) Grant a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Respondents, their servants, agents and assigns not to demolish the boundary walls of the Petitioner on Khasra Nos. 215 min & 216 min of Village Hauz Rani New Delhi.

(b) Issue of Writ of Mandamus or any other Writ in the nature of Mandamus directing the Respondents not to dispossess the Petitioner from Khasra Nos 215 min & 216 min of Village Hauz Rani New Delhi,”

3. In the writ petition, it was alleged that Late Hakikat Rai was allotted 09 acres of land in various khasra numbers including khasra nos. 215 min.

(0-15) and 216 min. (0-15) situated in Village Hauz Rani, New Delhi.

4. As evident from the above quoted prayer clause, the dispute in the writ petition was confined only to the land measuring 30 biswas i.e. 15 biswas each in khasra nos. 215 min. and 216 min. situated in Village Hauz Rani, New Delhi.

5. The petition was disposed of by the learned Single Judge of this Court wherein, on the basis of documents on record, it was recorded that the petitioner is the owner of 15 biswas each in khasra nos. 215 min. and 216 min. The Court further observed that since the exact location and extent of 215 min. and 216 min. is not known, therefore, the Court cannot arrive at a definite conclusion as to where the said land is situated. Accordingly, the Court closed the proceedings of the writ petition granting liberty to the petitioner to file appropriate proceedings in accordance with law for determining the exact location of the petitioner’s said land. The relevant extract from the said decision reads thus:

“2. Learned counsel for the petitioner states that the petitioner has been in possession of 15 biswas each in 215 Min. and 216 Min. of Village Hauz Rani, New Delhi since 1953.

3. Learned counsel for the respondent-DDA relies on the notification dated 22nd February, 1979 whereby 02 Bigha and 06 Biswa in 215 Min. as well as 02 Bigha and 03 Biswa in 216 Min., has been transferred to the DDA. The said notification is at pages

245-257 of the paper book.

4. This Court with the assistance of the parties has perused the paper book at length and finds that even according to the DDA, the petitioner has been in uninterrupted possession of the aforesaid land as an allottee since 1964-65. Even the documents furnished by the petitioner, namely, the letter issued by the Assistant Custodian (Rural) at page 22 of the paper book as well as the report of the Local Officer at page 24 of the paper book and the revenue record at pages 26-27 of the paper book have been authenticated by the Land and Building Department. Consequently, the ownership of the petitioner of 15 biswas each in 215 Min. and 216 Min. is not disputed.

5. However, this Court is not aware as to exact location and extent of 215 Min. and 216 Min. In the present proceedings, this Court cannot arrive at a definite conclusion as to where the 15 Biswa of land of the petitioner in 215 Min. and 216 Min. is situated.

6. Consequentl