A property dispute that has run through India's courts for more than six decades got a fresh lease of life this week. The Delhi High Court has put a hold on a lower court order that had gone against Sir Sobha Singh and Sons Pvt. Ltd., the company that owns and developed the iconic Sujan Singh Park in New Delhi. The stay means the company won't face eviction, at least for now, while its appeal is heard.
Background of the Case
The story goes back to 1943-44, when the Union of India reportedly asked Sir Sobha Singh to build around 100 residential flats on a plot near Cornwallis and Humayun Roads, under a perpetual lease arrangement. Construction went ahead, including what came to be known as the "Hotel Block," allegedly with the government's own architects and officers supervising the work.
Years later, the government accused the company of misusing the property, citing the hotel construction and use of garages as shops. It ordered re-entry into the land in 1960. The company challenged this in a civil suit, which a trial court decided in its favour in 2009. But that decision was overturned in first appeal in June 2026, prompting the company to approach the High Court.
Court's Observations
Justice Neena Bansal Krishna noted that the first appellate court had leaned heavily on the 1945 Agreement for Lease without properly weighing decades of correspondence suggesting the government itself had approved the hotel construction. The Court also flagged a timing issue - an eviction notice under the Public Premises Act was issued before the detailed judgment was even signed.
The bench observed,
"S.3 does not exclude the jurisdiction of the Civil Court to interpret the Grant; to determine whether its terms have been breached."
It added that the company had stayed in continuous possession since 1943, and disturbing that now, without full adjudication, could cause "irreparable loss and injury."
The Decision
The High Court allowed the stay application, halting the effect of the June 9, 2026 judgment and decree. Parties have been directed to maintain status quo over the property until the appeal is finally decided.
The Court clarified this order does not reflect any final view on the merits of the case.
Case Details:
Case Title: Sir Sobha Singh and Sons Pvt. Ltd. vs. Union of India
Case Number: RSA 108/2026
Judge: Hon'ble Ms. Justice Neena Bansal Krishna
Decision Date: August 10, 2026
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