Appellant Neelam Arya Granted Opportunity for Fresh Adjudication in Seven-Decade-Old Property Case
In a significant legal development, the Delhi High Court has set aside previous orders and directed a fresh hearing in a complex property dispute involving evacuee property, which dates back to the post-partition era. The case, Neelam Arya v. Din Mohd (Deceased), revolves around land situated in Village Chandan Hola, Delhi. The Division Bench comprising Justices Anil Kshetarpal and Tejas Karia, in their judgment dated January 17, 2026, emphasized the need for a reevaluation of the case, citing violations of principles of natural justice and the necessity for a thorough examination of factual discrepancies.
The appellant, Neelam Arya, who purchased the disputed land in 1992, was not granted an opportunity to be heard in the previous proceedings, leading the court to identify a breach of natural justice principles. The court noted that the learned Single Judge had quashed orders by quasi-judicial authorities without considering critical evidence or the participation of all affected parties.
The dispute's roots trace back to the Administration of Evacuee Property Ordinance of 1949, which led to the automatic vesting of properties in the Custodian. The legal complexities intensified with claims by the respondents, heirs of Sh. Safed Khan, who argued that the land never validly vested as evacuee property, thereby challenging subsequent allotments and transfers.
The court highlighted multiple discrepancies, including identity disputes regarding the evacuee and significant delays in legal proceedings-specifically, a 32-year delay in filing a revision petition. These issues, coupled with the non-disclosure of subsequent property transactions, necessitated a fresh adjudication.
In its decision, the court underscored the importance of balancing the equities between the parties involved. While the appellant's title derived from a government allottee is undisputed, the respondents' claims require proper adjudication. The court suggested exploring alternative remedies, such as land transfer options, to resolve the dispute equitably.
The matter has been remitted to the learned Single Judge for a comprehensive reevaluation. The parties are scheduled to appear before the court on February 5, 2026, to proceed with the fresh hearing.
Bottom Line:
Principles of natural justice violated as the appellant, a registered owner of the disputed property, was not given an opportunity to be heard. Complex factual disputes including identity of the evacuee, timing of vesting, and non-disclosure of subsequent titles require fresh adjudication.
Statutory provision(s): Administration of Evacuee Property Act, 1950
Neelam Arya v. Din Mohd (Deceased), (Delhi)(DB) : Law Finder Doc Id # 2839998
