RAGHUBIR SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) For the reasons stated in the applications, delay in refiling the appeal is condoned subject to just exceptions.

(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 30.05.2018 by which the trial court has dismissed the suit for declaration, injunction and damages filed by the appellant/plaintiff claiming the ownership against the respondent/defendant/DDA with respect to 190 sq. yds. of land situated in Khasra no. 532/2/2 in the revenue estate of village Wazirpur, Delhi- 110052. The case of the appellant/plaintiff, in sum and substance, was that as per various notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 and subsequent Awards passed thereunder, lands in Khasra no. 532 was acquired, except the land which is the suit land which falls in Khasra no. 532/2/2. The appellant/plaintiff claimed that his house bearing no. 437 was located in Khasra no. 532/2/2 and since this was not acquired land, the respondent/defendant/DDA on 04.09.2000 had illegally demolished the house of the appellant/plaintiff, and therefore, the appellant/plaintiff filed the subject suit claiming rights in the suit land by seeking the relief of declaration, injunction and damages.