DELHI DEVELOPMENT AUTHORITY Vs. CHETAN SWAROOP & ORS

JUDGEMENT

(1.) The appellant, Delhi Development Authority, has challenged the concurrent judgments of the Courts below namely judgment and decree dated 06.02.2013 passed in Suit No.8/2013 (Dalpat Rai deceased through LRs vs. DDA) whereby the suit for permanent and mandatory injunction filed by the respondent/plaintiff was decreed and the appellant DDA was directed to allot a plot to the respondent/plaintiff in return for the acquired land and demolition of his house on the same terms and conditions including liabilities as in case of similarly situated persons and till such allotment is made, plot No.29 in Block B -3, Yamuna Vihar, Delhi be retained. The judgment and decree further clarifies that if the respondent/plaintiff failed to comply with the terms and conditions of the allotment he would not be entitled to any such allotment by virtue of the judgment and decree as well. The challenge is also against the judgment dated 12.12.2014 passed by the Additional District Judge -02 (NE), Karkardooma Courts, Delhi in RCA No.14/2014 whereby the judgment of the Trial Court referred to above was upheld and affirmed and the first appeal of the appellant was dismissed.

(2.) The respondents are the legal heirs of the original plaintiff, Dalpat Rai, who was the owner of a plot measuring 200 sq.yards in Khasra No.483 -485 in Village Ghonda, Gujran Khader, Subhash Park, Illaqa Shahdara, Delhi which was claimed to have been purchased by him on 10.05.1974. A house was constructed over the said plot of land which was numbered as D -7/A, Bhajanpura Extension, Yamuna Vihar, Delhi.

(3.) The land in question was acquired vide award No.9/73 -74 by the Government of Delhi under the Land Acquisition Act and appellant/DDA took physical possession of the said land on 16.04.1993. The houses of the original plaintiff and others were demolished and the land was acquired. At that time, the land losers were promised alternative plots of land in return for the demolished houses. As promised, various land losers were allotted plots of land in Yamuna Vihar.