SURENDER TOMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ON the oral request made on behalf of the petitioner/plaintiff, this petition filed under Section 115 of Code of Civil Procedure, 1908 (CPC) is converted into a petition under Article 227 of the Constitution of India.

(2.) LET me give a brief preface at the commencement of this judgment. Judicial process in this country is grossly misused by a certain section of the litigants. This litigation is indication of such type of litigants and such type of abuse of judicial process. This I am saying so because important public work of widening of a very important road, and one of the main roads of the capital, is held up on account of litigations initiated by the petitioner/plaintiff, and that too by such a petitioner/plaintiff who has the gumption to admit that he is sitting on public land, he will keep on sitting on public land and he will keep on preventing widening of the public land which is being done as per the Zonal/Master Plan of Delhi. The important road project in question is one of the lifelines of South Delhi viz of Aruna Asaf Ali Road. The extent of malafides of the petitioner/plaintiff goes to the dimension that firstly the father of the petitioner/plaintiff filed a suit claiming rights with respect to the same land, and in which suit, father of the petitioner/plaintiff not finding much success, therefore withdrew that suit. The plaintiff/petitioner/son filed a civil suit but withdrew the same on failing to obtain interim orders. The son/ petitioner/plaintiff then filed a writ petition in this Court, but the same was dismissed. The petitioner/plaintiff thereafter filed an LPA against the judgment of the writ court but that LPA was also dismissed with a limited liberty to the petitioner/plaintiff by the Division Bench of this Court in LPA No. 670/2011 to file a suit with respect to reliefs which do not include the land required for widening of the road. Para 4 of the impugned order dated 23.8.2014 mentions about these various litigations and the same reads as under: -

(3.) THE writ petition has been filed to restrain the respondent No. 1 DDA from carrying out demolition and / or from taking possession and / or from is possessing the petitioner from property bearing plot No. 41 -A forming part of Khasra No. 2727/1674 in village Kishangarh, New Delhi.