PREMWATI Vs. DDA

JUDGEMENT

(1.) THE challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 2.11.2010 whereby the suit of the appellant/plaintiff for declaration and recovery against the Delhi Development Authority (DDA)/respondent no.1 was dismissed. THE issue in the suit was with regard to the rights in land measuring 201.70 sq. yds comprising K.No.379 of village Gazipur, Delhi.

(2.) THE case of the appellant/plaintiff was that the father of the appellant/plaintiff was the absolute owner of the subject land which had never vested with the Gaon Sabha. It was claimed that the subject land was never acquired by government under the Land Acquisition Act and the Gaon Sabha never came in possession of the subject property. It was pleaded that the DDA was liable to be restrained from taking any action against the plaintiff with respect to demolition of the property. THE respondent/DDA appeared and contested the suit. THE main defence of the DDA was that the suit land was a Gaon Sabha land which was placed at the disposal of the DDA through SO No.2190 dated 20.8.1974 under Section 22(1) of the Delhi Development Act, 1957. It was stated that the land was required for construction of a road falling in the right of way of village Main Road. It was further pleaded that when a demolition notice was served , the appellant/plaintiff failed to appear but her son Sh.Vinod Kumar appeared and whereafter demolition orders were passed on 30.4.2002. THE appellant/plaintiff failed to accept the demolition orders and which were thereafter pasted at the premises on 2.5.2002.

(3.) THE aforesaid findings and conclusions makes it clear that the jamabandi of the year 1950-51 shows that the subject land was shown as Gaon Sabha land and therefore the jamabandi, which the appellant/plaintiff claimed to further her case did not support the case of the appellant/plaintiff. THE trial court has further noted that the documents placed on record clearly show that the land bearing K.No.379 belonged to the Gaon Sabha, and its title did not vest with any individual person and which land was placed at the disposal of the DDA vide notification no. 2190 dated 20.8.1974. THE trial court has also rightly noted that the notification of the year 1974 was never challenged and could not be challenged after 36 years. Trial Court has also rightly arrived at the findings of abuse of process of law by the appellant/plaintiff.