RAJ KISHORE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This first appeal under Section 96 of the Civil Procedure Code (CPC), 1908 impugns the judgment and decree dated 4th June, 2010 of the Additional District Judge, Central-II, Delhi dismissing Suit No.78/06/97 filed by the appellants. The said suit was filed by the appellants for permanent and mandatory injunction to restrain, the Delhi Development Authority (DDA) (respondent No.1), The Lieutenant Governor, Delhi (respondent No.2), The Delhi Administration (respondent No.3) and the Union of India (respondent No.4), from demolishing or seeking to take possession of the three premises admeasuring four bighas and two biswas bearing numbers 225A, 225B and 225C in Khasra No.164 of Village-Lado Sarai, Tehsil-Mehrauli, New Delhi till the disposal of the representation dated 8th April, 1997 of the appellant No.1 to the respondents; a direction was also sought against the respondents directing them to consider the said representation.

(2.) Notice of this appeal was issued and on the statement of the counsel for the appellants that the respondents during the pendency of the suit had been restrained from demolishing the permanent structure of the aforesaid premises of the appellants, vide ex-parte ad interim order dated 9th August, 2010, the respondents were restrained from dispossessing the appellants from the said premises. Upon failure of the respondents to file reply to the application for interim stay, vide order dated 23rd May, 2011, the said interim order was confirmed. On the representation of the respondent No.1 DDA as recorded in the order dated 28th September, 2011, that the subject land is urgently required for public purpose, the appeal was ordered to be heard at an early date. Vide subsequent order dated 10th January, 2013, application of Shanti Memorial Society for impleadment as respondent No.5 in this appeal was allowed. The senior counsel for the appellants and the counsels for Delhi Government, DDA and Shanti Memorial Society have been heard.

(3.) Though the Trial Court records requisitioned to this Court are voluminous, the controversy is in a narrow compass. The appellants admit that the land under their property aforesaid was acquired vide notification dated 13th November, 1959 under Section 4 of the Land Acquisition Act, 1894 and declaration dated 16th May, 1967 under Section 6 of the said Act and that an Award dated 19th June, 1980 was made with respect thereto.