D C M LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal is preferred against the order of the learned Single Judge dated March' 9, 1994 passed in I.A.796/94 in suit No.1085/91. The facts giying rise to this appeal are as under:

(2.) The appellant claims that it was the owner of land comprised in Khasra Nos.486,487 and 488 situate in village Pati Jahanuma Tehsil Delhi, District Delhi, and that in lieu of this land it was allotted land comprised in Khasra Nos-1613/153, 1654/153 and 1615/153 situate in Baghraoji Estate, Delhi. According to the appellant it is in possession of this land admeasuring 5071 sq. yds. since 1942 and has also made construction over it.

(3.) On September 1, 1955 the Delhi Improvement Trust issued a notice under section 4 of the Government Premises (Eviction) Act, 1950 claiming damages from the appellant for its unauthorised occupation of the said premises. Thereafter on March 19, 1963 proceedings were initiated by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 (for short 'the Act') against the appellant for recovery of damages on account of unauthorised occupation of the premises for the period from September 1953 to March 31, 1962. This ultimately led ,to filing of a petition under Article 227 of the Constitution by the appellant in which an order was passed staying the proceedings before the Estate Officer.