DELHI DEVELOPMENT AUTHORITY Vs. DEEPAK

JUDGEMENT

(1.) Cm 14255/2016 [u/O I R 10(2) CPC]

(2.) Learned Senior Counsel for the applicants urged that applicants' presence is necessary in the present proceedings to assist the Court to arrive at a just and proper conclusion. The proposed respondent No.2 is owner of a portion of land of khasra No.4/29 situated in the Revenue Estate of Village Sahipur; it is adjacent to the encroached land forming part of khasra No.4/28/2 owned by the appellant in the said village. The respondent has encroached land admeasuring about 275 sq.yds. forming part of khasra No.4/28/2 and has raised illegal construction thereon. The construction does not have any proper sewage, drainage and garbage disposal system; it causes nuisance to the families of proposed respondents No.2 and 3. They face lot of inconvenience, they can't be deprived of their basic right to life with dignity. Various representations were made to the appellant to remove the encroachment and demolish the unauthorized / illegal construction. By a writ petition W.P.(C) 11585/95 disposed on 14.12.2015, the appellant was directed to consider the applicants' representation within a period of eight weeks. The DDA after considering the submissions informed that the present Regular Second Appeal was pending before this Court. Thereafter, this application was filed.

(3.) Learned Senior Counsel urged that from the demarcation of khasra No. 4/29 by Tehsildar in the year 2004 and also from the Khatauni documents, it is evident that house No.71, 72, 73 and 74 belong to late Raghbir Singh, Harikishan, Sultan Singh and Yad Ram in khasra No.4/29. Therefore, the encroached land (adjacent to house No.74) is an additional piece of land of khasra No.4/28/2 admeasuring about 275 sq.yds. owned by the appellant and cannot be a part of khasra No.4/29 as claimed. The applicant being owner of house No.74 is affected by the present appeal and the orders passed by this Court. Relying upon 'Maria Margarida Sequeria Fernandes & Ors. vs. Erasmo Jack de Sequeria (Dead) through LRs' counsel emphasized that applicants' presence is needed to assist the Court to arrive at a just conclusion.