DELHI DEVELOPMENT AUTHORITY Vs. SMT. RAJPATI DEVI

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the Delhi Development Authority (DDA), which is the defendant in the suit, impugning the concurrent Judgments of the courts below; of the Trial Court dated 22.9.2011 and the First Appellate Court dated 22.3.2013; by which the courts below have decreed the suit for mandatory injunction filed by the respondent/plaintiff and directed the appellant/defendant to allot a plot of 12.5 sq mtrs to the respondent/plaintiff. Trial court had decreed the suit holding that the respondent/plaintiff had to be granted a plot of 18 sq mtrs, but, the first appellate court reduced the plot size to 12.5 sq mtrs inasmuch as the first appellate court found that the respondent/plaintiff was in possession of the jhuggi not pre 1990, when 18 sq mtrs plot was to be allotted, but post 1990 period upto 31.12.1998-the cut off date of the policy for allotment when only 12.5 sq mtrs plot is to be allotted.

(2.) As per the plaint, the respondent/plaintiff pleaded that she was in possession of jhuggi in plot no.B-1/630, Janakpuri, New Delhi and her jhuggi was demolished by the officials of the appellant/defendant on 8.1.2001 by force. The appellant/defendant further pleaded that in spite of her pleas the appellant/defendant did not allot the alternative plot of the requisite size although the respondent/plaintiff is said to have with her the necessary documents of the possession of the jhuggi being the ration card, identity card etc. Accordingly, it was prayed that the respondent/plaintiff be allotted a plot of 18 sq mtrs. Appellant/defendant contested the suit and stated that as per the policy, a person who is in occupation prior to the year 1990 was to be given a plot of 18 sq mtrs but the persons who were in illegal possession/squatters after 1990 but till 31.12.1998, such persons were to be given a smaller plot of 12.5 sq mtrs, however, the respondent/plaintiff was not found at the plot in question in the survey and therefore the respondent/plaintiff being not in possession of any jhuggi as per the in survey list, the respondent/plaintiff hence was not entitled to any allotment either of a 18 sq mtrs or of a 12.5 sq mtrs plot.

(3.) After pleadings were complete, the trial court on 24.11.2003 framed the following issues:-