W.P.(C)/7813/2024 of YOGINDER KUMAR GAUR Vs UNION OF INDIA & ANR.
$~18 to 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7658/2024
SUMAN JAIN .....Petitioner
Through: Mr. Manmohan Swaroop & Ms.
Sanyogita Swaroop, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Mr. Sunil Kumar Jha,
Miss Joohu Kumari, Advs. for R-1.
Mr. Roshan Lal Goel & Ms. Anju
Gupta, Advs. for MCD.
19 WITH
+ W.P.(C) 7665/2024
MADHU MALHOTRA .....Petitioner
Through: Mr. Manmohan Swaroop & Ms.
Sanyogita Swaroop, Advs.
versus
UNION OF INDIA & ANR ......Respondents
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Mr. Sunil Kumar Jha,
Miss Joohu Kumari, Advs. for R-1.
Mr. Roshan Lal Goel & Ms. Anju
Gupta, Advs. for MCD
20
+ W.P.(C) 7813/2024 & CM APPL. 32382/2024
YOGINDER KUMAR GAUR .....Petitioner
Through: Mr. Manmohan Swaroop & Ms.
Sanyogita Swaroop, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 02/04/2026 at 12:01:30
Through: Mr. Sanjay Kumar Pathak, Standing
Counsel with Mr. Sunil Kumar Jha,
Miss Joohu Kumari, Advs. for R-1.
Mr. Roshan Lal Goel & Ms. Anju
Gupta, Advs. for MCD
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
O R D E R
% 27.03.2026
1. This hearing has been done through hybrid mode.
2. The Petitioners claim to be the owners/landlords of the follo wing
properties:
Writ Petition
No.
Parties Khasra No. Date of
Section 4
Award
W.P.(C)
7658/2024
Smt. Suman
Jain
Land
Measuring
97.78 Sq.
Yard in
Khasra
No.1936/50
22nd March,
2006
Award
bearing no.
1/2008-09
dated 30th
April, 2008
W.P.(C)
7665/2024
Smt. Madhu
Malhotra
Land
Measuring
147.71 Sq.
Yard in
Khasra No.
1936/50
22nd March,
2006
Award
bearing no.
1/2008-09
dated 30th
April, 2008
W.P.(C)
7813/2024
Shri.
Yoginder
Kumar Gaur
Land
Measuring
70 Sq. Yard
in Khasra
No. 1936/50
22nd March,
2006
Award
bearing no.
1/2008-09
dated 30th
April, 2008
This is a digitally signed order.
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3. The case of the Petitioners is that after the notification under Section 4
of the Land Acquisition Act, 1894 was issued, compensation was also
deposited by the Municipal Corporation of Delhi (hereinaf ter, ‘MCD’) with
the concerned judge in the Karkardooma Court, Delhi. The Petitioner s had
thereafter, also filed petitions directly under Sections 30 and 31 o f the Land
Acquisition Act, 1894 which were dismissed vide orders dated 16th
December, 2023. The said orders dated 16th December, 2023 are extracte d
below:
In W.P.(C) 7658/2024 -LAC No. 01/22 titled ‘Suman Jain v. UOI &. Anr.’
“Since the matter was listed for filing reply to the petition.
Reply has not be filed so far on behalf of respondents.
Heard. Perused.
Present claim is u/s 30 & 31 of Land Acquisition Act which
has been directly filed before this court, whereas the claimant
should have approached the LAC department and then
concerned department refers the reference u/s 30 & 31 LA Act
before the court for proper adjudication. Therefore, in view
of the above, the present claim is not maintainable in its
present form and is dismissed accordingly.
File be consigned to record room.”
In W.P.(C) 7665/2024 -LAC No. 02/22 titled ‘Madhu Malhotra v. UOI &.
Anr.’
“Since the matter was listed for filing reply to the petition.
Reply has not be filed so far on behalf of respondents.
Heard. Perused.
Present claim is u/s 30 & 31 of Land Acquisition Act which
has been directly filed before this court, whereas the claimant
should have approached the LAC department and then
concerned department refers the reference u/s 30 & 31 LA Act
before the court for proper adjudication. Therefore, in view
of the above, the present claim is not maintainable in its
This is a digitally signed order.
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present form and is dismissed accordingly.
File be consigned to record room.”
In W.P.(C) 7813/2024 -LAC No. 03/22 titled ‘Yoginder Kumar Gaur v. UOI
& Anr.’
“Since the matter was listed for filing reply to the petition.
Reply has not be filed so far on behalf of respondents.
Heard. Perused.
Present claim is u/s 30 & 31 of Land Acquisition Act which
has been directly filed before this court, whereas the claimant
should have approached the LAC department and then
concerned department refers the reference u/s 30 & 31 LA Act
before the court for proper adjudication. Therefore, in view
of the above, the present claim is not maintainable in its
present form and is dismissed accordingly.
File be consigned to record room.”
4. In view of the above orders, the Petitioners approached the LAC
demanding compensation. Earlier, the Petitioners had also filed objections
against the notice, however, the Award bearing no. 1/2008-09 was passed on
30th April, 2008. The grievance of the Petitioners is that the compensation has
not yet been released to the Petitioners. The prayer in these pe titions are as
under:
In W.P.(C) 7658/2024
“a. Declare the acquisition proceedings initiated under
the Land Acquisition Act, 1894 in award no. 1/2008-09
dated 30/04.2008, GT Road Shahdara with regard to the
acquisition of petitioner’s 147.71 sq. Yards land, out of
Khasra no. 1936/50, Khewat no. 724 and Khata Khatoni
no 773, situated at G. T. Road, in the abadi of Kabool
Nagar , Main G.T. Road, Illaqua Shahdara, Delhi-
110095 be deemed as lapsed.
b. Directing the Respondents to pay or release the
This is a digitally signed order.
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compensation to the petitioner in terms of Award No.
1/2008-09 dated 30.04.2008.
c. Directing the Respondents to pay damages to the
Petitioner for the acquired land and the loss suffered by
petitioner on account of compulsory acquisition or
d. Any other relief in terms of condition as per amended
act and scheme of government be passed in favour of the
petitioner.”
In W.P.(C) 7665/2024
“a. Declare the acquisition proceedings initiated under
the Land Acquisition Act, 1894 in award no. 1/2008-09
dated 30/04.2008, GT Road Shahdara with regard to the
acquisition of petitioner’s 147.71 sq. Yards land, out of
Khasra no. 1936/50, Khewat no. 724 and Khata Khatoni
no 773, situated at G. T. Road, in the abadi of Kabool
Nagar , Main G.T. Road, Illaqua Shahdara, Delhi-
110095 be deemed as lapsed.
b. Directing the Respondents to pay or release the
compensation to the petitioner in terms of Award No.
1/2008-09 dated 30.04.2008.
c. Directing the Respondents to pay damages to the
Petitioner for the acquired land and the loss suffered by
petitioner on account of compulsory acquisition or
d. Any other relief in terms of condition as per amended
act and scheme of government be passed in favour of the
petitioner.”
In W.P.(C) 7813/2024
“a. Declare the acquisition proceedings initiated under
the Land Acquisition Act, 1894 in award no. 1/2008-09,
GT Road Shahdara with regard to the acquisition of
petitioner’s 70 sq.Yards land, out of Khasra no.
1936/50, Khewat no. 724 and Khata Khatoni no 773,
situated at G. T. Road, in the abadi of Kabool Nagar ,
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 02/04/2026 at 12:01:30
Main G.T. Road, Illaqua Shahdara, Delhi-110095 be
deemed as lapsed.
b. Directing the Respondents to pay or release the
compensation to the petitioner in terms of Award No.
1/2008-09 dated 30.04.2008.
c. Directing the Respondents to pay damages to the
Petitioner for the acquired land and the loss suffered by
petitioner on account of compulsory acquisition or
d. Any other relief in terms of condition as per amended
act and scheme of government be passed in favour of the
petitioner.”
5. By virtue of orders dated 27 th May, 2024 in W.P.(C) 7658/2024 and
W.P. (C) 7665/2024 and vide order dated 28th May, 2024 in W.P.(C)
7813/2024 passed by this Court, the Petitioners have already given up prayer
(a) as the possession of the land has already been taken over. Th e only issue
now relates only to the compensation.
6. Considering this position, let the Petitioners appear before the L AC on
15th April, 2026. After examining the documents, the LAC shall forward the
reference to the concerned District Judge for the purpose of consi deration of
the claims of the Petitioners. It is made clear that the same shall be forwarded
by 15th May, 2026.
7. These petitions are disposed of in the above terms. All pen ding
applications, if any, are also disposed of.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
MARCH 27, 2026
Rahul/ck
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 02/04/2026 at 12:01:30