DELHI DEVELOPMENT AUTHORITY Vs. NAND SINGH AND ORS

JUDGEMENT

(1.) After arguments, the facts and the issues which are crystallized are that in khasra No.21 of village Katwaria Sarai, New Delhi, there was a total land bighas and 19 biswas. Out bighas and 19 biswas, 3 bighas and 17 biswas were acquired by the Government vide Award No.1536 of 1963.

(2.) As per para 6 of the written statement of the appellant/defendant in the trial Court the remaining area of 1 bigha and 2 biswas of khasra No.21 was given numbers 21/2/2 and 21/1 and with respect to which the notification under Section 6 of the Land Acquisition Act, 1894 was stated to have been issued. The written statement is silent and there is no evidence in the trial Court that this area of 1 bigha and 2 biswas of land was acquired at any time by the Government and thereafter placed at the disposal of the appellant/Delhi Development Authority under Section 22 of the Delhi Development Act.

(3.) Before this court, learned counsel for the appellant argues that actually appellant is not in possession of entire 1 bigha and 2 biswas, but 1 bigha of land is in possession of Karizan Basti which/who or such owners of land are not parties to the suit and therefore the decree passed in the present case in favour of the respondent/plaintiff can be mis-utilized.