In disputes involving boundary or identity of land in public projects, demarcation by revenue authorities is essential before any coercive action; courts should ensure authorities act on an identified and legally supportable basis.

ORDER

22.04.2026

1. This petition arises from a narrow but recurring difficulty in the execution of a public road project. While revenue records describe land in terms of khasra numbers and acquired areas, the executing agencies proceed with reference to road width, service lanes, etc. The Petitioners allege that, in this translation from record to site, their unacquired land on the southern side of the Narela-Lampur road is being subjected to demolition, even as encroachment on acquired land on the northern side remains unaddressed. The Respondents, however, maintain that their actions are confined to acquired public land, and the issue is one of identification and possession.

2. The Petitioners are residents of Village Bakner. Their case centres on land forming part of Khasra No. 36/15/1, situated on the southern side of the road leading from Narela to Lampur. They seek protection from demolition in respect of approximately 10 biswas which, according to them, has not been acquired. They also seek removal of encroachment allegedly existing on the northern side of the road over land acquired under Award Nos. 1177 and 1216, an enquiry into the non-removal of such encroachment, and completion of the project.

3. The Petitioners’ case is that the road from Narela to Lampur originally had a width of 5 gathas. According to them, land was acquired in the 1960s for widening the road by 3 gathas towards the northern side. They further plead that, for construction of the Railway Under Bridge [“RUB”], 2 gathas were acquired on each side of the road under Award No. 2/2012-13. Their grievance is that, instead of removing encroachment from the acquired land on the northern side, the authorities have attempted demolition towards the southern side, beyond the extent acquired.

4. The revenue record relied upon by the Petitioners records Khasra No. 36/15/1 in Village Bakner under Khata/Khatoni No. 6/1, with an area of 0-15. The recorded bhumidari rights are shown from 1954-55. This document, at the least, provides a foundation for the Petitioners’ assertion that Khasra No. 36/15/1 was a recorded holding and that its identity and extent cannot be assumed without proper demarcation.

5. The acquisition history is not in serious dispute. Award No. 1177 relates to acquisition in Village Bakner¹Mentioned as “Bankner” in the record. for construction of a pucca road from Narela to Lampur. The notification under Section 4 of the Land Acquisition Act, 1894 [“LA Act”] was issued on 30th November, 1955 and the declaration under Section 6 followed on 24th May, 1961. The “true area” under that award is recorded as 8 bighas 19 biswas. The award refers to field numbers principally in the 37 and 39 series, besides 35/10/1/1 and 106/1.

6. Award No. 1216 also concerns acquisition in Village Bakner²Mentioned as “Bankner” in the record. for the same road. It records acquisition of about 7 bighas 11 biswas. Some entries relate to field numbers in the 36 series as well. The award further records that “Field No. 36/6 pt. was erroneously notified”, as no such field number existed, and required deletion from the notification. The land was divided into blocks for valuation, depending on its proximity to the village abadi.

7. The later and more relevant award is Award No. 2/2012-13. It concerns acquisition for construction of the RUB at the “level crossing on Na