JATAV SUDHAR SAMITI Vs. DDA

JUDGEMENT

(1.) BY this petition under Article 227 of Constitution of India, petitioner has challenged the validity of the order passed by Appellate Court in an appeal against the order passed by Civil Judge on an application under Order 39 Rule 1 and 2 CPC.

(2.) THE facts relevant for purpose of deciding this petition are that the petitioner claimed itself to be an association of villagers and filed a suit in respect of land measuring 2,000 square yards alleging it to be part of khasra No. 415, Village Karkardooma. It is contended that this two bighas of land was being used as a cremation ground and respondent/dda was out to construct a road passing through this cremation ground in order to show favour to the two hospital namely Deepak Memorial Hospital and Shanti Bal Mukand hospital falling on two sides of this land.

(3.) THE Trial Court granted an interim injunction observing that prima facie the possession of the association over this land was there and it was being used as cremation ground as per the revenue record. In appeal, the appellate Court came to conclusion that the land falling in khasra no. 415 was acquired vide award no. 54/1970-71 and physical possession of this land was taken. It was placed at disposal of DDA vide notification dated 7. 11. 1975. Since the land had been acquired, possession taken, the Civil Court had no jurisdiction to entertain a suit in respect of the land. The Appellate Court also found that the petitioners had no right, title or interest over the land. It, therefore, vacated the injunction, hence this petition under Article 227 of constitution of India.