PARDEEP Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) CS SCJ No.750/2021 was instituted by the petitioner against the Delhi Development Authority (DDA) alleging trespass by the DDA into the petitioner's property, stated to be admeasuring 1 bigha 3 biswas and situated in Khasra No. 150/3 and 150/4 of village Humayunpur, New Delhi. The provocation for filing the suit, according to the plaint, was the affixation/installation, by the DDA, of an iron board on the suit property claiming that the property belonged to the DDA. The petitioner disputed this assertion.

(2.) The DDA in its written statement filed by way of response to the plaint asserted, per contra, that the property forming subject matter of the suit as per site plan filed with the plaint, fell in Khasra No.144 and not in Khasra No.150/3 and 150/4 as claimed by the petitioner. The land situated in Khasra No.144 according to the written statement, stood acquired by the Land and Building Department of the Delhi Government on 4/7/1961, whereafter the land was stated to have been handed over to the DDA vide Notification dtd. 3/11/1961. The DDA claims to have been in continuous possession and ownership of the suit property since 1961. The suit was also, therefore, alleged to be barred by time.

(3.) Clearly, therefore, one of the issues in controversy in the suit was the exact status of the suit property. The petitioner contended that the suit property was situated in Khasra No.150/3 and Khasra No.150/4 over which he claimed exclusive ownership. DDA contended, per contra, that the suit property, as indicated in the site plan filed with the plaint, fell in Khasra No.144 over which the DDA has possession and ownership since 1961.