RAKESH NARANG & ORS. Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By the common impugned order, the learned Single Judge of this Court dismissed two writ petitions which had sought directions and intervention of the Court against the DDA and the other respondents from demolishing the properties and premises, located at JNU Road, Village Kishan Garh.

(2.) In W.P.(C)4712/2011, the premises are RZ-137/9 (new No. 52A) measuring 155 sq.yds. In W.P.(C) 7425/2011, the property in question is RZ-80-C/9 measuring 800 sq. yds. The latter property is part of khasra No. 2797/2016 and 1675/12. As stated earlier both these are located at JNU road, Kishan Garh, Mehrauli. The petitioners claimed to be owners of the said two properties and had relied upon the documents such as Agreement to Sell, General Power of Attorney, Affidavit etc. of 1991-92 and 2005. The petitioners contended that in violation of the guidelines and the protection granted to the owners/occupiers under the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011, demolition action was undertaken on 06.07.2017 and part of the property was demolished. The DDA's position was that of one of denial; it was contended that both the appellants were neither owners nor lawful occupant of the properties and that the title propounded by them was questionable. More fundamentally it was urged that the Act, in that, Section 4 (d) enables the authorities, i.e., the Govt. of NCT of Delhi or the DDA as the case may be, to carve out exceptions, for works for public purpose or public project. It was specifically contended that the DDA wished to widen the road.

(3.) A reading of the impugned order would show that the controversy centered around whether in fact the DDA's claim that a 45 meter wide road expansion had been permitted in accordance with its documents and guidelines relied upon. The DDA has produced some records. Based upon the contentions made, the learned Single Judge found as follows:-