Indian Oil Corporation Ltd v. Land and Development Officer & Ors

TEJAS KARIA, J MAY 14, 2026/S.Rawat

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:- 14.05.2026 + LPA 339/2026, CM APPL. 30253/2026 & CM APPL. 30254/2026 INDIAN OIL CORPORATION LTD .....Appellant Through: Mr. Sandeep Sethi, Senior Advocate along with Ms. Mala Narayan, Mr. Shashwat Goel & Ms. Anjali Dhingra, Advocates. versus LAND AND DEVELOPMENT OFFICER & ORS ......Respondents Through: Mr. Anil Kaushik- ASG along with Mr. Rajat Rana, Mr. Pranjal Singh, Advocates & Mr. Rajarshi Sharma- Senior Court Assistant for Respondent No.3/Supreme Court of India. Mr. Arun Birbal, Advocate for Respondent No.5/Delhi Development Authority. AND + LPA 353/2026, CM APPL. 31895/2026, CM APPL. 31896/2026, CM APPL. 31897/2026, CM APPL. 31898/2026 & CM APPL. 31899/2026 KAVITA CHOPRA .....Appellant Through: Mr. Zoheb Hossain, Mr. Sanjeev Menon, Mr. Vivek Gurnani, Mr. Rishabh Duggal, Mr. Ram Kuber Singh & Ms. Aditi Bhushan, Advocates. versus UNION OF INDIA & ORS. & ORS. .....Respondents Through: Mr. Jivesh Kr. Tiwari- CGSC along with Ms. Nandini Aggarwal & Ms. Samiksha, Advocates for Respondent No.1/Union of India. Mr. Sandeep Sethi, Senior Advocate along with Ms. Mala Narayan, Mr. Shashwat Goel & Ms. Anjali Dhingra, Advocates for Respondent No.2/IOCL. Mr. Anil Kaushik- ASG along with Mr. Rajat Rana, Mr. Pranjal Singh, Advocates & Mr. Rajarshi Sharma- Senior Court Assistant for Respondent No.3/Supreme Court of India. Ms. Mrinalini Sen- Standing Counsel for Delhi Development Authority. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) 1. These two intra-Court appeals, one filed by the Indian Oil Corporation Limited (hereinafter referred to as IOCL) and the other by Ms. Kavita Chopra, seek to take an exception to the judgment dated 16.03.2026 passed by the learned Single Judge whereby W.P.(C) 5281/2024 instituted by IOCL and W.P.(C) 5301/2024 instituted by Ms. Kavita Chopra, have been dismissed. 2. At this juncture itself, we may indicate that by instituting the aforesaid writ petitions, challenge was laid to the letter dated 12.03.2024 issued by the Land and Development Office, Ministry of Housing and Urban Affairs, Government of India (hereinafter referred to as L&DO) to the IOCL requesting the IOCL to hand over the land at IP Estate Plot no.1 adjoining CNG Station. The letter also states that any payment/charges that may be due to be adjusted/recovered can be conveyed to the IOCL before the process of hand over. Challenge was also made to the letter dated 06.11.2023 issued by the L&DO, whereby the approval granted by the Housing and Urban Affairs Minister for allotment of land admeasuring 0.59 acre abutting front side of the earlier allotted land behind petrol pump near ITO to Supreme Court of India for setting up of Supreme Court Archives/Lawyers Chambers, was conveyed to the Director General, Central Public Works Department (CPWD). The said letter also provides that such allotment to the Supreme Court of India is subject to the condition that ownership of the plot shall continue to be with L&DO, and the building will be constructed and maintained by CPWD for housing archives of Hon'ble Supreme Court, with the Supreme Court bearing the maintenance charges. The letter also conveyed that the handing over/taking over of the land in question was scheduled to be held on 10.11.2023, and accordingly, it was requested that the concerned Executive Engineer in-charge be directed to carry out the handing over/taking over of the land parcel. 3. The letter/order dated 12.03.2024, which was challenged in the proceedings of the aforesaid writ petitions, was issued in terms of Clause 2 of the terms and conditions of the allotment of the subject land to IOCL vide allotment letter dated 18.07.2016. By means of the allotment letter dated 18.07.2016, the subject land was allotted to IOCL in lieu of their land at Willingdon Crest New Delhi, on certain terms and conditions, one of which clearly provided that allotment was on a purely temporary