DDA Vs. BHAIRON JI MANDIR SAMITI AND ORS.

JUDGEMENT

(1.) The learned proxy counsel for the respondent has prayed for an adjournment. The request is disallowed in view of the fact that these appeals have been pending before this court since 2009. The Apex Court in catena of cases has observed that while admitting the regular second appeal, even though, the appellant may not frame the substantial question of law but it is the responsibility of the court to formulate substantial question of law and then only proceed ahead with the matter. Reliance can be placed on Umer Khan vs. Bismillabi; : (2011) 9 SCC 684 and Ashok Rangnath Nagar vs. Shrikanth Govindrao Sangvikar; : 2015 (6) ABR. 490 wherein it was laid down that existence of substantial question of law is sine qua non for exercise of jurisdiction under Sec. 100 CPC.

(2.) Accordingly as early as on 10.3.2015, that is, almost a year ago, the following substantial question of law was formulated : -

(3.) Relevance of the aforesaid question would be appreciated only if the brief background of the case is given. Both the appeals are filed by the appellant/DDA against the judgment dated 16.10.2008 passed by the learned Additional District Judge. It is not in dispute that Shri Bhairon Ji Mandir Samiti (Regd.) and Hari Chand Prakash Wanti Charitable Memorial Trust (Regd.) were given two different parcels of land. The first parcel of land is Plot No. 1, East Patel Nagar, Institutional Area (near Kalindi College), New Delhi measuring about 600 square meters while as the second is 0.452 acres on property No. 2, Siri Fort Institutional Area, New Delhi. In the first parcel of land, a statue of deity has been installed on the ground floor as has been noted in the record and on the first floor there are allegations made by the appellant that the respondent is running a full -fledged hotel consisting about 35 air -conditioned rooms. So far as the other parcel of land is concerned, an idol of Sai Baba has been installed. Further, in the second parcel of land, a portion of the ground floor has been let out to IDBI Bank and on the first floor a banquet hall is being let out for marriage purposes. And the remaining part is being used as a hotel with 49 air conditioned rooms.