DELHI DEVELOPMENT AUTHORITY Vs. RAZAQ AND ORS.

JUDGEMENT

(1.) CM No.18712/2015 (Early hearing)

(2.) The grievance of the petitioner is that DDA has complied with the decree dated 22nd February, 2010 passed in RCA No.12/2009 allotting a plot to the decree holder but with direction to pay Rs. 33,40,220/-. The decree holder was never allotted any alternative plot hence allotment cannot be without payment nor there could be any question of restoration of possession without there being any allotment made in favour of the decree holder at any stage. Hence, the direction given by the learned Executing Court vide impugned order to withdraw the demand of Rs. 33,40,220/- and restore the possession to the decree holder, which has been maintained by the learned Appellate Court in MCA No.27/2013 being illegal and perverse, warrants interference by this Court in exercise of its extraordinary jurisdiction.

(3.) On behalf of the respondent/decree holder, Mr.H.L.Narula, Advocate has submitted that present petition is nothing but gross abuse of the process of law. He has submitted that the decree passed in RCA No.12/2009 has attained finality. Further during pendency of the execution petition DDA has been repeatedly seeking time for compliance of the decree but while issuing allotment letter raised a demand of Rs. 33,40,220/- without any basis in gross contempt of the orders passed by the Court hence the petition may be dismissed.