SIRINDERJIT Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner who are four in number have filed this writ petition under Article 226 of the Constitution of India seeking mandamus and direction to Delhi Deviopment Authority to unseal the building located at L-II/86, New Mahabir Nagar Extension. Outer Ring Road, New Delhi with further direction not to demolish the above said building without following the procedure prescribed in law.

(2.) The case set up by the petitioners is that they are bonafide and innocent purchasers of various portions of the building constructed on the plot known as L11/86, New Mahabir Nagar Extention, Outer Ring Road. New Delhi. According to their knowledge the building in question was constructed 7 years back. The property is assessed to House Tax. Delhi Electricity Supply Undertaking has Also sanctioned electricity connection in the building and the telephones are also installed in the building by Mahanagar Telephone Nigam Limited. The petitioners have been able to obtain a copy of the Khasra Girdawari dated 11.10.1985 of the property which discloses that the property in question is located in Khasra No. 35/155 and the plot in question as about 173 Sq. yds. and falls in abadi area. The plot stands duly mutated in the name of the one Shri Raja Singh S/O Shri Watan Singh. All the petitioners have purchased various portions of the building constructed on this plot from one Mr. Ashok Kumar Manchanda or his attorney and have already made the full payment of the property purchased by them.

(3.) The petitioners have been able to ascertain that the property has not been notified as the Development area under the Delhi Development Act. In fact the petitioners have been able to obtain a copy of the letter dated 27.12.1983 written by the joint Director (UVC), Delhi Development Authority to Shri Santokh Singh, Welfare Federation, Mahabir Nagar Extension, New Delhi slating that various portions of the said colony have been handed over to the MCD and the rest of the portions were to be handed over to MCD. It is also pleaded that the village Nangli jalib has been declared as the urbanised village and is exempt from the provisions of the building Bye-Laws of DDA, MCD and the NDMC. The Building Bye-Laws of DDA are therefore not applicable to the property in question.