SUBHADRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This second appeal has impugned the judgment and decree dated 10.1.2001 which had endorsed the finding of the Trial Court dated 2.5.2000 whereby the suit of the plaintiffs i.e. Smt.Subhdara & another was dismissed.

(2.) There were two plaintiffs who had filed the present suit which was a suit for permanent injunction. The plaintiffs were stated to be in possession of two residential houses bearing no. 20-H and 20-I in Khasra No.48/7, 4 bighas 4 biswas in Village Humayunpur of which a portion of land i.e.75 sq. feet stood in the name of each plaintiff. It was stated that the plaintiffs were paying house tax and water tax in respect of the suit property. The property had been described as being bounded on the northern side by property bearing no.B-4/182 and B-4/206, Safdarjung Enclave; on the west there was a land measuring 12 feet; on the east there was a pucca road. The contention of the plaintiffs was that on 10.3.1987 a demolition notice under Section 30(1) read with Section 31(1) of the Delhi Development Act, 1957 (hereinafter referred to as the Act) was served upon the plaintiffs restraining them from raising any construction in the land. On 8.9.1987 the officials of the DDA visited the site and threatened them with demolition. A decree for permanent injunction was accordingly prayed for by filing the present suit.

(3.) The defendant/DDA had contested the suit; it was submitted that the land belongs to the department; suit was not maintainable. It was denied that the suit land forms a part of the Khasra no.48/7, Village Humayunpur; contention was that the plaintiffs have illegally and unauthorizedly encroached upon the land of the defendant which land falls in Khasra no.48/5; they had illegally raised construction therein; Khasra no.48/5 had been acquired by the government vide Award no.1170 and has been placed at the disposal of the DDA under Section 22(1) of the said Act vide notification dated 3.11.1961.