S R GOEL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The plaintiff has filed this suit for perpetual injunction alleging that the farm house constructed on land bearing No.38/4/2, 38/7, 38/14, 38/17 and 38/24 at Village Sahibabad, Daulatpur, Delhi as per the sanctioned plan was sought to be illegally, demolished by the staff of the defendant on 9.3.1993.

(2.) The plaintiff claims that the constitution of the farm house raised by him was in consonance with the sanctioned plan Annexure-B to the plaint.

(3.) Defendant in the written statement denied that there was any sanctioned plan or other approval obtained. On the other hand, it is contended that the area has been declared as developmental area under Section 10 of Delhi Development Act and as such no construction was permissible without the explicit approval by DDA. The so called sanctioned plan filed by the plaintiff is stated to be simply a site plan without any sanction from any Competent Authority.