ADITYA NARULA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS second appeal is filed by the appellant/plaintiff impugning the concurrent judgments of courts below; of the trial court dated 26.2.2011 and the first appellate court dated 3.12.2012; by which the suit of the appellant/plaintiff for injunction with respect to the property bearing no.13, 14 and 14A, Harijan Basti, Village Palam, New Delhi situated in khasra nos.31/14 -17, 31/24 -25 and 31/7 has been dismissed.

(2.) WHEREAS the case of the appellant/plaintiff is that the appellant/plaintiff purchased the suit property by means of the documentation dated 3.3.1990 and 24.3.1998 from the predecessors -in - interest of the appellant/plaintiff, and who are said to be owners of the suit property, the respondent/defendant laid out a defence that so far as property comprising khasra no.31/7 is concerned, the same was acquired vide Award no.157/86 -87 dated 19.9.1980 and so far as khasra no.31/14 is concerned, the said land was Gaon Sabha land and not private land belonging to either the appellant/plaintiff or his predecessors -in -interest.

(3.) SO far as first area of land comprised in khasra no.31/7 is concerned, it is not disputed on behalf of the appellant/plaintiff that the land comprised in this khasra was acquired by means of the Award no.157/86 -87 and which has been proved by the appellant/plaintiff before the courts below as Ex.PW3/2. The respondent/defendant has also proved this Award as Ex.DW1/A. This khasra no.31/7 comprised an area of 5 bighas and 12 biswas. Out of 5 bighas and 12 biswas, there is no dispute that the respondent/defendant had taken possession under the land acquisition proceedings of an area of 5 bighas and 8 biswas leaving balance 4 biswas of land which is said to be otherwise acquired and falling within the subject Award no.157/86 -87 but possession of this 4 biswas falling in khara no.31/7 was not taken by the land acquisition authorities. So far as 4 biswas is concerned, in order to test the bonafides of the appellant/plaintiff, I put a query to the counsel for the appellant that once the land is acquired, even if possession was not taken, now possession can always be taken by the acquiring authority at any time or its successors -in -interest, once the entire compensation for the acquired land has been deposited. In fact, I have also so held this in the judgment in the case of Hoshiar Singh and Ors. Vs.DDA RSA No.25/2002 decided on 22.1.2014.