SANTOSH KOHLI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will dispose of the application filed by the defendant under Order 14 Rule 5 for amendment of issues.

(2.) In the scheme of redevelopment of Hudson Line, Kingsway Camp, Delhi the plaintiff, who was the owner and in possession of house No.A-62, Hudson Line, Kingsway Camp, Delhi had been offered an alternative plot which was subsequently cancelled by Delhi Development Authority. Against the alleged wrongful cancellation of the allotment of alternative plot, a petition being C.W.P. No.2096/86 was filed in the High Court of Delhi and by order dated 16th December, 1987, Delhi Development Authority was directed to allot a flat to the plaintiff and give its possession preferably within two months. A further direction was given by the Court to Delhi Development Authority on 29th September, 1989. It is the case of the plaintiff that the Delhi Development Authority without any notice demolished his house bearing No.A-62, Hudson Line and also damaged the goods of the plaintiff lying in the said house. In spite of the orders of the Court dated 16th December, 1987 and 29th September, 1989, the plaintiff is alleged to have been forced to pay extra money to which the Delhi Development Authority was not entitled. The plaintiff in the present suit has, therefore, claimed the refund of the said extra money as well as damages of Rs.14,00,000.00 on account of wrongful demolition of her house and damage to the property.

(3.) In the written statement, the defendant has denied the allegations made in the plaint and it is stated that without prejudice to what has been stated in the written statement, the defendants were protected by the principles of sovereign immunity and as their actions had been taken in good faith in the discharge of their duties, they could not be tortuously held liable. The demolition is stated to have been done after intimation to the residents, including the plaintiff.