ALI ZAKARIYA Vs. DDA

JUDGEMENT

(1.) THE case of the petitioner is that he is the owner in possession of property bearing No.168/1, measuring 80 square yards in Village Begumpur, abadi Hauz Rani Village, Delhi-110007, forming part of Khasra No. 349/272, measuring 1 bigha and 10 biswas of Village Begumpur, Delhi. Initially, the land comprised in Khasra No. 349/272 was owned by Hamid Khan, S/o Dalshera and Mal Khan, S/o Imam Khan and the position was so reflected in Jamabandi for the year 1948-49. The names of the cultivator were shown as Hamid Khan Azam Khan and Samadal Khan, sons of Mehmood Khan. The aforesaid land has been described as non- cultivable house in the said jamabandi. The said land was acquired by the Court for displaced persons vide offer No. 1000-A, being unutilized land and was placed at the disposal of DDA vide notification No. F-9(22)78/L&B dated 22.02.1979. The learned counsel for the respondent referring to Offer No. 1000-A submits that declaration under Section 3 of the Settlement of Displaced Persons Acquisition Act, 1948 was made by Chief Commissioner, Delhi vide notification dated 13.09.1948, the possession of some part of the land was taken on 04.07.1959 while the possession of the remaining part was taken on 27.09.1949. Khasra No.349/272, measuring 1 bigha and 10 biswas was part of Offer No. 1000-A.

(2.) IN the later revenue records filed by the petitioner, the ownership of the Government has been recorded in respect of the land comprised in Khasra No.349/272. It is an admitted position before me that the ownership of the land in question comprised in Khasra No.349/272 vested in the Government and later on, the aforesaid land was placed by the Government at the disposal of DDA.

(3.) THE learned counsel for the respondent states that though the petitioner may have in possession of some built up property in village Hauz Rani, he had encroached upon land which was lying vacant in the said village and was made for being used as a park and that the said encroachment and construction is a recent one, not protected by National Capital Territory of Delhi Laws (Special Provisions) Act, 2011.