PREM CHAND RAMESH CHAND Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This judgment will dispose of a bunch of writ petitions involving common questions and filed more than a decade and a half ago seeking issue of appropriate writ restraining respondent / Delhi Development Authority (DDA) from demolishing the structures of the petitioners. The interim orders restraining DDA from carrying out any demolitions and dispossessing the petitioners are continuing since 1980.. Arguments were addressed in C.W. 730/80 (M/s. Prem Chand Ramesh Chand Vs. DDA & another) and, therefore, we will notice the facts of this case which lie in a narrow compass.

(2.) The petitioner who claims to be the owner and in possession of structures / godowns bearing No. 27 on land out of Khasra No. 197 and situate in Revenue Estate, Village Haiderpur, Delhi, has, inter alia, pleaded in the writ petition that the land on which the godowns have been constructed has neither been acquired under any provisions of law nor the area has been declared as 'Development Area' as per Section 12 of the Delhi Development Act, 1957 (for short 'DDA Act'). It has further been pleaded that the entire Revenue Estate of Village Haiderpur has been declared as Urban area and, therefore, DDA has no right, title or interest over the said area and DDA has no jurisdiction to deal with it. it has, therefore, been claimed that the threatened action is illegal, arbitrary and without jurisdiction.

(3.) By Notification dated 24th October, 1961 issued by Chief Commissioner, Delhi, under Section 4 of the Land Acquisition Act, 1894, a large chunk of land including the land in question was proposed to be acquired for a public purpose, namely, planned development of Delhi. This was followed by Notifications issued under Section 6 of the Land Acquisition Act from time to time. On 18th July 1980 award (Award No. 50/80-81) in respect of this land and other land was made by the Land Acquisition Collector. DDA had been, however, restrained from carrying out any further demolition by orders passed by this Court on 1st June 1980. On 23rd July 1980 this Court further directed that there will be stay of demolition and dispossession till the decision of the writ petition.