ASHA LATA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Ms. Asha Lata Sharma and Mr. Ajay Sharma are legal representatives of Mr. R.D. Sharma. The appellants have challenged judgment dated 12th August, 2004 passed by learned Single Judge of this Court dismissing Writ Petition (Civil) No. 2899/2001 which was originally filed by Mr. R.D. Sharma.

(2.) The appellants herein claim right to a plot bearing no. 13/15, Tihar-I, Subhash Nagar, New Delhi measuring 103 sq. yds. The said plot was originally allotted to Mr. Parmanand in 1962. Mr. Parmanand expired on 25th November, 1985 leaving behind Ms. Daulati Bai, his wife, Ms. Kaushalaya Devi-daughter and Mr. Raj Kumar-son. Mr. R.D. Sharma has claimed that Ms. Daulati Bai and Ms.Kaushalaya Devi have executed no claim certificate for transfer of the said plot in his favour. However, Mr. Raj Kumar claims that he has inherited the said plot. There are disputes pending between Mr. R.D. Sharma, now represented by his legal representatives, and Mr. Raj Kumar. However, it is not necessary to decide the said disputes and go into these aspects for the purpose of deciding the present Appeal.

(3.) It appears that Mr. R.D. Sharma illegally took possession of adjoining land measuring 204 sq. yds. and sometime in 1973 constructed a building on the same. The said land belongs to Land and Development Office (hereinafter referred to as LandDO, for short). This piece of land measuring 204 sq. yds. became the subject matter of an order passed by Sub-Judge, Tis Hazari, Delhi. It also appears that direction was issued that LandDO being the owner of the plot shall dispose of the said land. (See page 60, letter dated 20th May, 1988 written by Mr.R.D.Sharma).