DELHI DEVELOPMENT AUTHORITY Vs. SHEELA RANI GANDHI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 15.12.1984 which had reversed the finding of the Trial Judge dated 28.03.1980. Vide judgment and decree dated 28.03.1980, the suit of the plaintiff Smt. Sheela Rani Gandhi had been dismissed. Vide the finding of the Trial Judge was reversed; the suit of the plaintiff was decreed.

(2.) BRIEFLY stated the factual matrix is as follows.

(3.) RELIEF. (viii) On examination of the oral and documentary evidence led by the parties and duly considered by the Trial Judge, suit of the plaintiff was dismissed. It was held that the plaintiff had failed to prove that the construction is more than 20 years old; the demolition order having been served upon the plaintiff under Section 30 of the DDA Act, appropriate remedy was to file an appeal before the Appellate Court; jurisdiction of the Civil Court was barred. Suit of the plaintiff was dismissed. (ix) The Appellate Court vide its impugned judgment dated 15.12.1984 reversed this finding. It was held that the Civil Court can intervene if the statutory authority has not acted within the scope and requirements of the mandate of law which in the instant case, the department had not adhered to. It was held that vide communication dated 12.05.1969, plaintiff had been granted permission by the MCD to carry out necessary repairs which the plaintiff had carried out; it was not a case of any new construction. Plaintiff was entitled to relief. Suit was decreed. 3. This is a second appeal. After its admission on 31.05.1985, the following substantial question of law was formulated. It reads as follows:-