RAJPAL Vs. D.D.A

JUDGEMENT

(1.) THE petitioners before this Court claim to be owner of property No.RZ-19 in village Nangloi Syed, Delhi and also allege that the aforesaid property is comprised in Khasra No. 94 of the said village. According to the petitioners, the officials of the respondent visited their property and tried to demolish the same, without following the due process of law. The petitioners are accordingly seeking a writ of Mandamus or any other writ or a direction to the respondents not to dispossess them or demolish their property bearing No. RZ-19 in village Nangloi Syed, Delhi.

(2.) THE writ petition has been contested by the respondent-DDA. In its counter- affidavit, DDA has alleged that approximately 200 square yards of land of the disputed property falls in Khasra No. 95/2 min of village Nangloi Syed, Delhi as per the demarcation carried on 09.01.2033 by the staff of DDA and Government of N.C.T. of Delhi, whereas rest of the land falls in Khasra No. 94 of the aforesaid village. This is also the case of the respondent that Khasra No. 95/2 (1 bigha 13 biswas) stand acquired vide Award No. 2202 and physical possession of the acquired land was handed over to DDA by the Land Acquisition Collector on 12.03.1969 by placing the aforesaid land at the disposal of DDA under Section 22(i) of Delhi Development Act. It is, however, an admitted position that Khasra No. 94 has not been acquired.

(3.) THE question as to whether the whole of the suit property falls in Khasra No. 94 of village Nangloi Syed, Delhi, as claimed by the petitioners, or only part of it falls in the aforesaid Khasra and a portion measuring 200 square yards falls in Khasra No. 95/2, as is claimed by the respondent, is a question of fact which cannot be decided in this writ petition since it requires recording of evidence.