PREM PRAKASH OBEROI Vs. DDA

JUDGEMENT

(1.) Against the demolition order dated 19.2.1997 passed by DDA in respect of petitioner's property bearing No. 63, Rani Jhansi Road, Motia Khan, New Delhi, the petitioner preferred appeal before the Appellate Tribunal being Appeal No. 88/ATMCD/97 which was dismissed by order dated 19th May, 2003. After the dismissal of this appeal, petitioner came to know that the area in question where the property of the petitioner situate, namely, Development Area No. 130 had been de-notified by DDA vide notification dated 21.3.2003 passed under Section 12 of the Delhi Development Act. Armed with this notification, petitioner preferred review application before the Tribunal which has been dismissed by order dated 2nd June, 2003 observing that review cannot be allowed even if that decision is erroneous.

(2.) Order 47 Rule 1 CPC spells out the circumstances under which review application can be preferred. One of the grounds in the discovery of new and important matter which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time of hearing. In the instant case, notification dated 21.3.2003 de-notifying the area was passed by the Land and Building Department and DDA would be in the know of such a notification. It was, therefore, rather the duty of DDA to point out this notification. When this fact/evidence is not known to the petitioner and after he got knowledge thereof, he filed review petition on that basis. The Tribunal should have entertained the review application as the ground on which the review was made was squarely covered by the provisions of Order 47 Rule 1 CPC. It was not a case of erroneous decision on the basis of material on record but new material, substantial in nature and having bearing on the matter, which was not before the Court earlier was brought to the notice of the Court. Order dated 2.6.2003 cannot be sustained and is, therefore, set aside. Matter is remitted back to the learned Tribunal for deciding the case of the petitioner in the light of the aforesaid notification. Parties may appear before the Tribunal on 29.7.2003.

(3.) Since during the pendency of the appeal before the Tribunal, there was a stay of demolition and sealing of the property in question. It is directed that till the disposal of the petition, the respondent shall not take any action of demolition or sealing of the property.