PARVEEN KUMAR JAJU Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In these suits identical applications have been moved by the plaintiffs under Order 39 Rules I and 2 read with Sec. 151 of the Code of Civil Procedure praying that the defendants be restrained from dispossessing the plaintiffs and they be further restrained from demolishing temporary 'Khokha' type office structure and defendants be further restrained from carrying out any destruction of marble slabs and other stones lying therein on the land and plaintiff should not be obstructed from the use and enjoyment of the land.

(2.) Shri L.R. Gupta, Sr.Advocate appearing on behalf of the plaintiffs argued that the plaintiffs are in occupation and possession of the land by virtue of either being the owner as having purchased the land from their previous owner by virtue of sale-deed and in some cases the land is in occupation of the tenants who are doing the business of selling marble stone etc.

(3.) The main contentions urged before me by the learned counsel for the plaintiffs are three-fold. At the first instance it has been argued that the Delhi Development Authority (for short 'DDA') issued a notification on 11.8.1993 under sub-sec (1) of Section 12 of the Delhi Development Act, 1957 (hereinafter referred to as the Acl) declaring certain area in the said notification as 'development area' number being 125, Zone No.F-15, area in acre 2100 and the description of the area with which I am concerned in the present application falls in that notification under the head : East-first along the proposed Mehrauli bye pass road and then afterwards a boundary showing the regional park as proposed in the master plan.