KANHAIYA LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present Letters Patent Appeal has been preferred assailing the impugned judgment and order dtd. 28/8/2024 passed by the learned Single Judge in W.P.(C) 10311/2019 titled "Kanhaiya Lal vs. Delhi Development Authority and Ors." dismissing the said writ petition imposing costs of Rs.50,000.00.

(2.) Shorn off of all unnecessary details, it is to be noticed that when the appellant came to realize that the officials of the Delhi Development Authority (hereinafter mentioned as "DDA") had started digging trenches in order to construct the boundary wall on a plot adjacent to the appellant's plot (hereinafter mentioned as "Subject Plot"), the appellant filed complaints with various authorities, including the DDA. In response, the DDA uploaded its reply on the CPGRAMS Portal on 6/2/2019 indicating that the subject plot was vacant and was encroached upon by the owners of the adjoining H.No. 124A in the shape of an extended sunshade balcony and two gates with four ventilators. The Deputy Director (Land Management) of the DDA, passed the order dtd. 2/4/2019 reiterating the aforesaid stand. It appears that the appellant filed numerous complaints to various authorities, in vain. Consequent thereto, the appellant filed the underlying writ petition on 18/9/2019. The said writ petition was dismissed vide the impugned judgment dtd. 28/8/2024 with costs of Rs.50,000.00 constraining the appellant to prefer the present appeal.

(3.) The appellant claimed that his father Sh. Sewa Ram was allotted plot Nos. A-123 and A-124 in the year 1958 and a Lease Deed was executed in the year 1960 in his favour. The appellant also claimed an easementary right over the open land citing a premium of Rs.90.00 having been paid for the three sided open plot No.A-124. Amongst others, the appellant asserted that since a premium sum was paid by the appellant for a corner three side open plot, his easementary rights as also the right of ingress and egress cannot be curtailed in the manner as sought by the DDA. It is in these circumstances that the underlying writ petition was filed claiming the following reliefs:-