K.L. NARANG Vs. DELHI DEVELOPMENT AUTHROITY

JUDGEMENT

(1.) PRESENT writ petition has been filed challenging the order dated 13th July, 2006 passed by the Estates Officer -1, DDA under Section 5 (1) of the Public Premises (Eviction of Unathorised Occupants) Act, 1971 [for short 'PP Act'] against the petitioner 's predecessor -in -interest, namely, his deceased wife. The prayer clause in the writ petition is reproduced hereinbelow: -

(2.) MR . Vikas Singh, learned senior counsel for petitioner stated that when a person had selected his advocate, briefed him and paid his fee, he could remain confident that his lawyer would look after his interest and such an innocent party should not be made to suffer for inaction, deliberate omission or misdemeanor of his counsel.

(3.) MR . Vikas Singh further stated that despite petitioner being protected by National Capital Territory of Delhi Laws (Special Provisions) Act, 2007 [for short 'Act, 2007'], petitioner stood evicted under PP Act. He pointed out that in a similar matter, i.e., Khushi Seva Sanstha Vs. The State & Ors., W.P.(C) 2000/2012 decided on 16th January, 2003 involving rights over the land in the same locality that means Arakpur Bagh Mochi, it had been held "similarly, no action can be taken in respect of special areas as defined in Section 2(i) of the Act. No action for demolition of unauthorized construction or removal of encroachment in respect of unauthorized colony can be taken if such colony existed on 31.3.2002 and the construction took place on or before 8.2.2007."