CHATTAR SINGH Vs. MCD

JUDGEMENT

(1.) Listed in the category of 'Final Hearing Matters', WP(C) 6115/1998 filed by the appellant was dismissed by the learned Single Judge vide orders dated February 05, 2007. The order was passed in the absence of any representation from the side of the appellants.

(2.) The learned Single Judge noted that the lay-out plan produced by the Municipal Corporation of Delhi would evidence that the land which was subject matter of dispute was earmarked for use as a Community Centre and that a demarcation conducted on November 07, 2002 had confirmed that the land was comprised in the khasra numbers statedly claimed by the appellant as land belonging to them.

(3.) Application being filed to recall the order and hear the matter afresh, the learned Single Judge dismissed the application vide order dated May 17, 2007 relying upon the fact that under sale-deeds 177 bigha and 17 biswa land had been sold by the appellants or their ancestors to M/s Bharat Builders and Colonizers in the year 1956. The learned Single Judge has held that a decree dated November 05, 1981 in Suit No.577/1978 was the result of a fraud. Costs in sum of Rs. 25, 000/- (Rupees Twenty Five Thousand only) has been imposed.