DAYAWATI Vs. DDA

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the judgment and decree dated 04.09.2006 passed by the learned Additional District Judge, Delhi whereby the suit filed by the appellantplaintiff stands dismissed.

(2.) The facts enumerating from the plaint filed before the Court below are that the plaintiffappellant is the owner of free hold built up property bearing No. B 175727, Shastri Nagar, Delhi 110052 on area measuring 65 sq. yds comprised in Khasra No. 157, Village Nimiri vide registered sale deed dated 29.05.2003. The suit property was owned by Smt. Leelawati who sold off the suit property to Shri Sarup Singh vide GPA dated 24.08.1983, agreement dated 22.08.1983 and receipt dated 22.08.1983 for a consideration of Rs.7,920- and later on, Shri Sarup Singh sold off the suit property to Smt. Dayawati wo Sarup Singh. The officials of defendant respondent came to the suit property in March 1998 along with police force and told that they had come to acquire Delhi Development Authority land. Shri Sarup singh, the previous owner had enquired from them* and it was revealed that they had come to acquire khasra no. 152 and the property falls under same khasra Number. A letter dated 30.01.2003 from the defendant respondent states that the suit property bearing No. B- 175727 Shastri Nagar, Delhi was demarcated and is fallen in khasra no. 157 of Revenue Estate of Nimiri Village, Delhi. As per this letter Shri Sarup Singh was encroacher on khasra no. 158. It was further submitted by the plaintiffappellant that the suit property falls in khasra No. 157. On

(3.) 06.2003, plaintiff appellant filed suit for permanent injunction against the defendant respondent. During the pendency of injunction suit, on 06.06.2003 defendant respondent had demolished the built up property of plaintiffappellant bearing no. 175727, Shastri Nagar, Delhi -110052. 3. In the written statement filed on behalf of the defendant respondent, different objections have been taken by the Delhi Development Authority contesting the suit on the grounds that the suit is not maintainable for want of notice us 53 B of the Delhi Development Act. This land was placed at the disposal of Delhi Development Authority for its development vide notification No: F8(49) 63 L & H (ii) dated 27.05.1968 issued under the provisions of Section 22(i) of the Delhi Development Authority Act, 1957. The area is being developed as parks green belt by the horticulture department of the defendantrespondent. The land in question is entirely under the control and management of the defendant. It has further been submitted that with the help of Local Police demolition programme was carried on in order to remove unauthorized structure raised on the Government land of khasra no. 158 Min. Defendantrespondent has also denied any demolition ever tried by them over the land of khasra no. 157. It has been submitted that boundary wall has been raised over the land of khasra no. 158 Min which is a Government land. Khasra no. 157 of village Nimiri had been acquired vide award no.2008 but possession of this land had not been handed over to the Delhi Development Authority by LACLAB.