BHAGWAN SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) With the consent of the parties, writ petition is taken up for disposal. The petitioner has filed this writ petition claiming that the DDA had illegally demolished his flour mill being run in the name of Ashoka Four Mill, located in Khasra No. 100/28, admeasuring 450 sq. yards, in Village Razapur, Badli in an action on 12.9.1996. In the present writ petition, petitioner seeks permission for raising construction as also for protection of his possession.

(2.) Counter affidavit has been filed in the case. Learned Counsel for the petitioner has urged before that the DDA has in a blatantly illegal action demolished the flour mill, which falls within Khasra No. 100/28. Learned Counsel in support of it relies on documents filed alongwith the writ petition, showing that the plot of the petitioner was not under acquisition. Reliance is placed on a list of Khasra Numbers that had been acquired. In any way, this need not detain us any further, as it is not the case of the petitioner that Khasra No. 100/28 had been acquired.

(3.) On the other hand, case of the respondent is that demolition action that was carried out in Khasra Nos. 106/13 and 106/14 and it did not relate to Khasra No. 100/28. Learned Counsel for the respondent points out that Khasra Nos.l06/13 and 106/14 were abutting Khasra No. 100/28 and it was the encroachment in Khasra Nos. 106/13 and 106/14, which was removed. As per the respondent, Khasra No. 106 was acquired vide Award No. 35/81-82. Physical possession was handed over to DDA on 12.11.1981. Further notification under Section 22 of the Delhi Development Act was issued on 15.12.1981. As the encroachment was on DDA land no show-cause notice was necessary to be given.