BABU LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree dated 26.02.2015 passed by the learned Additional District Judge 5, Central District, Tis Hazari Courts, Delhi in RCA No.9/09/2005 titled Sh. Babu Lal Vs. Delhi Development Authority.

(2.) By the impugned judgment, the First Appellate Court dismissed the appellant's/ plaintiff's first appeal preferred by the appellant to assail the judgment and decree passed by the learned Civil Judge in Suit No.207/2005 also titled Sh. Babu Lal Vs. Delhi Development Authority. The appellant/ plaintiff had filed the said suit to seek a decree of mandatory injunction, thereby seeking a direction to the defendant/ DDA to allot an alternative plot to the plaintiff in lieu of the land acquired by the defendant/ DDA. The plaintiff claimed that he had purchased a piece of land/ plot situated in Khasra No.546/17 in village Kondli, Delhi by means of a sale deed dated 17.05.1972 for consideration of Rs.500/-. Later on, the plot in question was acquired by the defendant/ DDA vide Award No.84A/72-73. The plaintiff claimed that after acquisition of the plot, he had applied for grant of alternative plot in lieu of his acquired land to the DDA on the ground that he does not have any residential accommodation in Delhi. The plaintiff claimed that despite the assurance given to him for the allotment of an alternative plot, needful had not been done. Consequently, he issued a legal notice dated 21.03.1991 to the defendant/ DDA but to no avail. Resultantly, the suit was filed.

(3.) The claim of the plaintiff was opposed by the defendant/ DDA by filing the written statement. The DDA stated that the land in question falling in Khasra No. 545 to 547 /17 measuring 6 Bighas and 6 Biswas stand acquired vide award No. 84-A/1972-73 supplementary. The possession of the land was acquired by the Government and transferred/ placed at the disposal of the respondent/ DDA through a notification dated 01.02.1979 which has been transferred to J.J. Residential Scheme. The defendant also denied having given any assurance to the plaintiff for allotment of alternative plot. The defendant also stated that allotment of alternative plots is made by the defendant/ DDA only on the basis of recommendation made by the Land & Building Department, Delhi Administration.