YOGINDER KUMAR GAUR v. UNION OF INDIA & ANR.
Court: High Court of Delhi
Bench: HON'BLE MS. JUSTICE PRATHIBA M. SINGH,HON'BLE MR. JUSTICE MADHU JAIN
Judgment date:
Case summary
High Court of Delhi judgment dated 2026-03-27. YOGINDER KUMAR GAUR v. UNION OF INDIA & ANR. Read the judgment and case details on LawSphereX.
Judgment text
$~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.
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 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 following properties: Writ Petition Parties Khasra No. Date of Award No. Section 4 W. P. (C) Smt. Suman Land 22nd March, Award 7658/2024 Jain Measuring 2006 bearing no. 97. 78 Sq. 1/2008-09 Yard in dated 30th Khasra April, 2008 No. 1936/50 W. P. (C) Smt. Madhu Land 22nd March, Award 7665/2024 Malhotra Measuring 2006 bearing no. 147. 71 Sq. 1/2008-09 Yard in dated 30th Khasra No. April, 2008 1936/50 W. P. (C) Shri.
Land 22nd March, Award 7813/2024 Yoginder Measuring 2006 bearing no. Kumar Gaur 70 Sq. Yard 1/2008-09 in Khasra dated 30th No. 1936/50 April, 2008 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 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 (hereinafter, ‘MCD’) with the concerned judge in the Karkardooma Court, Delhi. The Petitioners had thereafter, also filed petitions directly under Sections 30 and 31 of the Land Acquisition Act, 1894 which were dismissed vide orders dated 16th December, 2023. The said orders dated 16th December, 2023 are extracted 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. 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 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 th 30 April, 2008. The grievance of the Petitioners is that the compensation has not yet been released to the Petitioners. The prayer in these petitions 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. 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 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. 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 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. ” th 5. By virtue of orders dated 27 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. The only issue now relates only to the compensation. 6. Considering this position, let the Petitioners appear before the LAC on th 15 April, 2026. After examining the documents, the LAC shall forward the reference to the concerned District Judge for the purpose of consideration of the claims of the Petitioners. It is made clear that the same shall be forwarded th by 15 May, 2026. 7. These petitions are disposed of in the above terms. All pending 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
Source: High Court of Delhi. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.