PANKAJ BAJAJ Vs. MEENAKSHI SHARMA

JUDGEMENT

(1.) This Appeal challenges the order of the learned Single Judge dated 1st July, 2013 ("impugned order"), whereby the learned Single Judge had dismissed the appellant's suit, i.e. CS (OS)/1114/2009 ("Suit") seeking (a) perpetual injunction against dispossession from suit property, i.e., A-20, New Friends Colony, New Delhi and (b) declaration that restoration allotment of the same by the Lieutenant Governor, on 2nd May, 2009 was illegal. However, the Suit was itself dismissed on the ground that the plaintiff (appellant herein) had no title to the suit property. The impugned order observed inter alia that since the appellant had set up his case on the basis of a document, which could not have vested any title in him, the Suit was without any locus or cause of action.

(2.) The circumstances in which the Suit came to be filed can be traced to 13th November, 1959 when a notification under section 4 of the Land Acquisition Act, 1894 ("Act") was issued in respect of lands (including the suit property), comprised in Khasra 60/3, measuring 1 Bigha 17 Biswas in the Revenue Estate of Village Khizrabad, Delhi. A Notification under section 6 was issued on 9th January, 1969 and notices under sections 9 and 10 were served on the land-owners on 20th June, 1971. This acquisition was to enure to the benefit of the respondent no. 5 ("Society"); the lands under acquisition were leased to the Society under agreements dated 13th February, 1963 and 15th December, 1964 (hereafter collectively referred to as the "Lease agreements"), for developing the lands as per the sanctioned layout plan and thereafter sub-leasing it to its members. The owners of Khasra No. 60/3 challenged the acquisition before this court in W.P. (C). 764/1971 ("Writ Petition"). An interim order on 12th July, 1971 protected the landowners from dispossession. This order was confirmed on 9th August, 1971.

(3.) Meanwhile, the land under Khasra No. 60/3 was divided into four plots, bearing numbers A-13, A-14, A-19 and A-20; the suit property is the land comprised in plot A-20. It was the appellant's case that the land comprised in the said four plots remained in the possession of the original landowners / writ petitioners. The Society allotted the said four plots to different parties who subsequently became parties to the Writ Petition. The allottees of plots A-13, A-14 and A-19 settled the differences with the original landowners and the challenge in respect of the said plots stood withdrawn in 1987 and 1994. It is the case of the appellant that the challenge in respect of the said plots was withdrawn as the allottees, under the settlement, compensated the owners of the plots not the respondent no. 3 (DDA).