DHANI RAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this order I propose to dispose of the application (I.A.No. 11687/1996) filed by the defendant No. 1 to 7 under Order 14 Rule 5 CPC praying for amendment of the issues framed in the suit.

(2.) The plaintiff instituted a suit for recovery of Rs. 8 lacs alongwith interest from the defendants No. 1 to 7 and also for restoration of the buildings of the plaintiff demolished by the defendants. It is pleaded by the plaintiff that the building of which the plaintiffs were in possession, did not belong to Delhi Development Authority and was never acquired by them not was it in a development area. The staff of the Delhi Development Authority illegally entered and trespassed upon the said land and demolished and damaged the buildings and structures belonging to the plaintiffs upon the said land without any notice. It is further pleaded that although damage and loss caused to the plaintiffs by illegal and unauthorised act by the staff and men of DDA including defendants No. 3 to 7 can not becompensated in terms of money, since besides loss caused by demolition and damage caused to the buildings, the plaintiffs are suffering a recurring loss of income which they would have earned by way of rent and profits of the said building, and accordingly, the plaintiffs claim a sum of Rs. 8 lacs on account of such loss being caused to them by illegal acts of the staff of Delhi Development Authority.

(3.) The defendants No. 1 to 7 contested the aforesaid suit by filing the written statement denying, inter alia, the allegation that the defendants removed/ demolished the structure illegally, unauthorisedly and without jurisdiction.