JAMALUDDIN Vs. MCD

JUDGEMENT

(1.) THE petitioner was dispossessed during the Slum Clearance Programme in April, 1976 and having been found eligible for re-location was allotted plot No.41 admeasuring 12 sq. yds. in Block No.16 of Trilok Puri, Delhi. It is the case of the petitioner that his entitlement was for a plot of 80 sq. yds. and not of 12 and the site offered at Trilok Puri in any case was not suitable for him and thus he did not accept the allotment at Trilok Puri. THE petitioner in or about the year 1993 filed a suit in the Civil Court against the respondent MCD for directing the respondent MCD to allot a plot admeasuring 80 sq. yds. to him. THE respondent MCD contested the said suit. It was inter alia the plea of the respondent MCD that the possession of the plot admeasuring 12 sq. yds. had been taken over by the petitioner and a pucca structure was constructed thereon and which was then in possession of one Mohd. Saleem. THE said suit was dismissed vide judgment dated 21 st February, 1998. THE Civil Court inter alia found that the brother of the petitioner who was carrying on the business from the same site had on similar grounds filed a writ petition which was dismissed vide judgment Imamuddin Vs. Union of India reported in 65 (1997) DLT 510.

(2.) THE petitioner preferred a first appeal against the said judgment which was dismissed holding inter alia that issuance of possession slip of 12 sq. yds. of land to the petitioner was the same as delivery of physical possession of the said plot to the petitioner and if he himself had failed to take the physical possession, the respondent MCD cannot be blamed for it.

(3.) THE present petition has been filed thereafter seeking the relief of directing the respondents MCD and DDA to deliver the possession of 12 sq. yds. of land aforesaid at Trilok Puri to the petitioner.