HARMINDER KAUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 20.4.1998 which had endorsed the finding of the trial judge dated 8.12.1989 thereby dismissing the suit of the plaintiff Harminder Kaur.

(2.) THE plaintiff had purchased 100 sq.yds. of land in Mahabir Nagar vide a sale deed dated 24.7.1972. As per her version, she had constructed a house bearing No. WZ.T.57 thereon which was assessed to house tax. On 25.3.1979 some officials of the DDA had threatened to demolish her house. Present suit for injunction was filed by the plaintiff as no show cause notice/demolition notice had been served upon her prior to the aforenoted threat.

(3.) THE first appellate court vide judgment and decree dated 20.4.1998 had confirmed this finding. It was reiterated that the superstructure of the disputed land had stood acquired vide Award No. 20/73 -74 and physical possession was taken over by the Land & Building Department on 21.7.1973 and 3.8.1974. After demolition of the superstructure the land was placed at the disposal of the DDA under Section 22(1) of the DDA Act vide notifications dated 25.9.74 and 2.12.74. The land vested with the government.