Delhi High Court – Orders
Sukhbir Singh Randhawa & Ors vs Government Of Nct Of Delhi & Ors on 20 May, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7003/2026
SUKHBIR SINGH RANDHAWA & ORS. .....Petitioners
Through: Mr. Arjun Anand, Ms. Priyam
Wadhawan, Ms. Isha Shukla, Mr.
Vibhash Kumar Singh, Advs. (M:
9910397396)
versus
GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Lalltaksh Joshi & Ms. Minu
kumari, Advs. for R-1.
Mr. Sanjay Kumar Pathak, SC with
Mr. Sunil Kumar Jha and Mr. Mohd
Such Akhtar, Advs. for R-1 to 3.
Mr Shivam Goel, Mr Anil Kumar
Goyal, Ms Ramya S Goel, Mr Jatin
Dua & Ms Sanya Sharma, Advs.
Respondent No 5/ NHAI. (M:
9871339314)
Mr. Santosh Kumar, Standing Counsel
and Mr. Aakash Kishore and Mr.
Adithya Ramani, Advs. for R-5.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 20.05.2026
1. This hearing has been done through hybrid mode.
CM APPL. 34394/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 7003/2026 & CM APPL. 34393/2026 (for interim protection)
3. The present petition has been filed by the Petitioners under Articles 226
W.P.(C) 7003/2026 Page 1 of 7
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and 227 of the Constitution of India, inter alia, seeking reliefs in respect of
land comprising in Khasra Nos. 262/1, 262/2, 263, 264/1/2, 267, 268, 270 and
272/1, situated in the Village Malikpur Kohi alias Rangpuri, Tehsil Mehrauli,
New Delhi. (hereinafter, ‘the subject land’).
4. The brief background of the present case is that, a notification under
Section 3A of the National Highways Act, 1956 (hereinafter, ‘NHAI Act’)
dated 12th January, 2018 was issued by the Ministry of Road Transport and
Highways, wherein the subject land was sought to be acquired. The
acquisition was for the purposes of development of the Dwarka Expressway.
5. Subsequent to the said notification, a notification under Section 3D of
the NHAI Act was also issued on 5th June, 2018.
6. The Petitioners are stated to have purchased the subject land way back
in 1993, from the earlier recorded owners, who are impleaded as Respondent
Nos. 6 to 16.
7. Thereafter, certain disputes arose between the recorded owners and the
Petitioners, resulting in a suit for specific performance being filed by the
Petitioners being CS. No. 7179/2016. The said suit was decreed vide
judgment dated 6th June, 2019 passed by the ld. Additional District Judge
(South District), Saket Court Complex.
8. In terms of the said judgement, the civil court has only granted a refund
of a sum of Rs.48,25,000/-. The relevant portion of the said judgement is set
out below:
” Relief
7. In final analysis, in view of the discussion above, the
plaintiff is not entitled for the specific performance of
the contract with regard to the suit property. The
plaintiff is only entitled to refund of ₹48,25,000/- fromW.P.(C) 7003/2026 Page 2 of 7
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the defendants and the defendants are entitled for the
peaceful, vacant possession of the suit property i.e.
land bearing khasra No. 262/1(2-16), 262/2(2-0),
263(4-16), 264/1/2(0-12), 267(4-16), 268(4-16), 270(3-
18), 272/1(2-7), situated in village Malikpur Kohi alias
Rangpuri, Tehsil Mehrauli, New Delhi from the
plaintiff.
The suit is accordingly partly decreed in
aforesaid terms. Decree-sheet be prepared after
payment of deficit courtfee. Parties are left to bear their
own costs.”
9. Thereafter, the judgement dated 6th June, 2019 has been challenged
before the ld. Single Judge of this Court in RFA No. 679/2019, wherein the
judgment dated 6th June, 2019 has been stayed.
10. Insofar as the acquisition of the subject land is concerned, subsequent
to the issuance of notifications under Section 3A and Section 3D of the NHAI
Act, the Award bearing No.2/2018/NHAI has also been passed on 18th
December, 2018.
11. The present petition has been filed at this stage on the ground that the
boundary wall situated on the Petitioners’ land is being demolished and,
therefore, an interim order is sought.
12. It is further contended that the acquisition proceedings of the subject
land are liable to be quashed, inasmuch as the period of five years for
utilisation of the land prescribed under Section 101 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act (hereinafter, ‘Act, 2013’) has elapsed.
13. Ld. Counsel for the Petitioner also submits that the ‘Preliminary notice
for removal of unauthorised occupation’ issued by the National Highways
W.P.(C) 7003/2026 Page 3 of 7
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Authority of India (hereinafter, ‘NHAI’) dated 14th May, 2026 was also not
issued in respect of the correct khasra no. and, therefore, the taking over of
possession of the subject land is illegal and unlawful.
14. On the other hand, Mr. Goel, ld. Counsel for the NHAI has made the
following submissions:
(i) The Petitioners were proceeding on the basis that the acquisition
of the subject land was under the old Land Acquisition Act, 1894
(hereinafter, ‘Act, 1894’) and not the Act, 2013, which is completely
incorrect.
(ii) The present acquisition is governed by the provisions of the
NHAI Act and, therefore, upon the issuance of notification under
Section 3D of the NHAI Act, the subject land vests absolutely with the
Central Government.
(iii) The compensation amount of Rs.4,42,41,462/- has already been
deposited in terms of the Section 3H(4) of the NHAI Act, before the
reference court, ld. ADJ, Patiala House Courts, New Delhi. Thus, it is
stated that the compensation having been deposited, and the subject
land already being vested with the Central Government, no relief can
be granted to the Petitioners.
15. Heard the ld. counsels for the parties. The first and foremost fact that
deserves to be noted is that the notifications issued for acquisition are under
Section 3A and Section 3D of the NHAI Act.
16. Section 3D of the NHAI Act is clear to the following effect:
“3D. Declaration of acquisition.–(1) Where no
objection under sub-section (1) of section 3C has been
made to the competent authority within the period
specified therein or where the competent authority hasW.P.(C) 7003/2026 Page 4 of 7
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disallowed the objection under sub-section (2) of that
section, the competent authority shall, as soon as may
be, submit a report accordingly to the Central
Government and on receipt of such report, the Central
Government shall declare, by notification in the Official
Gazette, that the land should be acquired for the
purpose or purposes mentioned in sub-section (1) of
section 3A.
(2) On the publication of the declaration under sub-
section (1), the land shall vest absolutely in the Central
Government free from all encumbrances.”
17. As can be seen from Section 3D(2), upon the issuance of the
notification under Section 3D, the land vests absolutely with the Central
Government.
18. The same has also been reiterated by the Supreme Court in its decision
dated 20th July, 2021 titled NHAI v. M. Hakeem, (2021) 9 SCC 1 wherein
the Supreme Court has observed as under:
“[…]
52. As has been stated by us, the object of the NH
Laws (Amendment) Act, 1997 is to expedite the
process of acquisition. This has been achieved by
cutting down the period for hearing of objections
from 30 days under Section 5-A of the Land
Acquisition Act to 21 days under Section 3-C of the
National Highways Act. Further, unlike the Land
Acquisition Act, the moment a notification under
Section 3-D(2) of the National Highways Act
(equivalent to Section 6 of the Land Acquisition
Act) is made, the land vests absolutely in the
Central Government free from all encumbrances.
Thereafter, where land has vested in the Central
Government and the amount determined by the
W.P.(C) 7003/2026 Page 5 of 7
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competent authority under Section 3-G as
compensation has been deposited by the Central
Government in accordance with Section 3-H(1), the
competent authority may then direct that
possession be taken within 60 days of service of
notice by it.
19. Moreover, the Petitioners have also been completely recalcitrant in
approaching the Court. The Petitioners have failed to file any objections
pursuant to the issuance of the notification under Section 3A of the NHAI
Act, which ought to have been filed within the period specified in the
notification under Section 3A of the NHAI Act. No objections have been
filed by the Petitioners till date.
20. The notification under Section 3D of the NHAI Act has been issued and
the Award has also been passed. The Petitioners are also aware that the
compensation stands deposited. The compensation cannot be released to the
Petitioners till the civil disputes between them and the recorded owners of the
subject land are resolved. The reference court is taking a view in this regard
and the decree for specific performance is also a subject matter of an appeal
before this Court.
21. Under these circumstances, the prayer for interim relief is not made out
at this stage.
22. Issue notice in the present petition. Notice is accepted by Mr Shivam
Goel, ld. Counsel on behalf of Respondent No.5. Mr. Sanjay Kumar Pathak,
ld, Standing Counsel accepts notice for Respondent Nos.1 to 3.
23. Let notice be issued to Respondent Nos. 4 and 6 to 16 through all
permissible modes, upon appropriate steps being taken by the Petitioners.
24. In the meantime, the Respondents shall place on record the details of
W.P.(C) 7003/2026 Page 6 of 7
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the notification under Section 3D of the NHAI Act, the panchnama showing
the possession of the subject land being taken, as also the details of the
compensation that has been deposited.
25. Counter affidavits, if any, be filed by all the Respondents within a
period of six weeks after completion of service. Rejoinder, thereto, be filed
within six weeks, thereafter.
26. List before the Joint Registrar on 27th July, 2026.
27. List before Court on 28th September, 2026.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
MAY 20, 2026
dj/sm
W.P.(C) 7003/2026 Page 7 of 7
This is a digitally signed order.
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