DELHI DEVELOPMENT AUTHORITY Vs. RAJBIR SHING

JUDGEMENT

(1.) THIS appeal by the Delhi Development Authority ('dda') is directed against the order dated 25th February, 2004 passed by the learned Single judge of this Court disposing of Writ Petition (Civil) No. 7693 of 2003 filed by the respondent.

(2.) THE case of the respondent writ petitioner before this Court was that he was absolute owner of land measuring 6 bighas and 17 biswas in Village khora Loni in Uttar Pradesh by virtue of a sale deed dated 21st April, 1987 and that this land was adjoining the land forming part of Khasra Nos. 413, 414, 415 and 425 of Village Gharoli, Delhi which had been acquired by the dda. The positive claim of the appellant was that land owned by him is in ghaziabad in the State of UP. According to him a demarcation exercise undertaken in 1983 confirmed this. The respondent claimed that in 1999 the DDA had unautorisedly encroached on his land although it did not form part of the land acquired by the DDA.

(3.) CONSEQUENTLY, the respondent applied to the Sub Divisional magistrate ('sdm'), Ghaziabad seeking a fresh demarcation of Khasra No. 292 in Village Khora, Loni. He simultaneously filed Suit No. 105 of 2001 in the court of Civil Judge, Senior Division, Gautam Budh Nagar, UP seeking permanent injunction restraining the DBA from taking forcible possession of the land which he claimed belonged to him. According to the respondent, the demarcation of the land was undertaken on 19th April, 2001 after notice was issued to the DDA by the SBM, Ghaziabad through Tehsildar, Preet vihar, Belhi. The respondent claimed that the demarcation took place in the presence of the revenue officials in Ghaziabad, Mr. Bharampal Kanoongo of the BBA, Mr. Charan Singh Patwari and Mr. Bala Butt Patwari of Revenue bepartment. The demarcation report dated 19th April, 2001 was prepared by the revenue officials in Ghaziabad. According to the respondent the site plan annexed to the demarcation report revealed that "the boundary on the eastern side i. e. towards Ghaziabad has been fixed and identified by a road/drain and the land situated 8 feet from the said nala towards east comprises the Khasra No. 292, Village Khora part of which belongs to petitioner. " The respondent submitted that the demarcation report became final since no appeal was filed by either party. Consequently, the respondent withdrew the Suit No. 105 of 2001. It was asserted in the writ petition that "admittedly in the present case the said report dated 19. 4. 2001 has become final and the respective boundaries of Khasra No. 292 of Village Khora, ghaziabad, U. P. and Khasra No. 413/414/415, 425 of Village Gharoli has been demarcated and fixed. "