BALWAN SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Petitioner prays for a direction to the Delhi Development Authority ('DDA') not to go ahead with the demolition of the unauthorized construction at property No. C-23 in the Masoodpur, District South-West, New Delhi-110070.

(2.) The Petitioner states that Village Masoodpur and other adjoining villages were notified on 18th March, 1993 as Development Area No. 176 under the Delhi Development Act, 1957 ('DD Act'). The Petitioner claims to have continued to be in possession of agricultural land in Village Masoodpur notwithstanding the fact that it stood acquired under the Land Acquisition Act, 1894 ('LA Act') resulting in an Award dated 22nd December, 1980. The Petitioner claimed that he partitioned his property C-23 in the year 2000 and a portion thereof was given to his son for residential purposes. It is stated that on the acquired land there stands an unauthorized colony which has been issued a provisional certificate of regularization on 17th September, 2008. The names of the Petitioner and his son figure in the list of occupants who were also members of the resident welfare association which has submitted an application for regularization. According to the Petitioner, his son made certain alterations in the property to make it residence worthy. Reliance is also placed on the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007 to urge that no demolition action against the Petitioner's premises can be undertaken by the DDA.

(3.) It appears that one Mr. Kartar Singh and another resident of Village Masoodpur filed Writ Petition (Civil) No. 1085 of 2010 in this Court complaining of unauthorized constructions in Village Masoodpur. On 23rd March, 2010 the following order was passed by a learned Single Judge in the said writ petition: