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Baljeet Singh and Others vs Delhi Development Authority

Delhi High Court · Decided on 16 December 2010 · Citation: (2010) 12 DEL CK 0299

HON’BLE JUDGES
Indermeet Kaur, J
RESULT
Disposed Off
CASE NUMBER
Regular Second Appeal No. 186 of 2002 and CM No. 505 of 2002
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Judgment

6 paragraphs · 398 words

Indermeet Kaur, J.—The subject matter of this property is the property situated in a part of Khasra No. 48, Lal Dora, Badarpur. The plaintiff had filed a suit for permanent injunction against the DDA; his suit had been dismissed. Thereafter vide the impugned judgment dated 28.02.2002 his appeal also stood dismissed.

2.

Counsel for the Appellant had placed reliance upon a judgment delivered by a Bench of this Court in RSA No. 181/2002. The subject matter of the suit property in that case is also related to the same khasra Khasra No. 48, Lal Dora Badarpur, part of the suit property is located in Khasra No. 48 and part of the suit property the property is located in Khasra No. 31/27; which was also the factual position in RSA No. 181/2002 i.e. on identical facts. In the instant case also report of the surveyor /local commissioner is on record. The report of the local commissioner of this case is identical with the report of the local commissioner in RSA No. 181/2002; he was the same local commissioner. The finding in RSA No. 181/2002 in paras 10 & 11 reads as follows:

10.

The report of the surveyor/Local Commissioner clearly goes to show that some portion of the premises in dispute falls in part of Khasra No. 48. His report is further supported by the evidence of DW-1.

11.

I accordingly allow the appeal partly. The Respondent is restrained from dispossessing the plaintiff from above said part/portion falling in khasra No. 48but stay granted in other part falling in khasra number 31 or 31/27 which stands acquired, stands vacated. In case the matter comes before the Executing Court, it will execute the decree as per law and will direct an officer not below the rank of Sub-Division Magistrate to demarcate the land as stated above.

3.

In view of the same factual averments in the present petition, the same order is reiterated in this case. It is, however, made clear that since there could be a dispute about the identification of the suit property the concerned SDM of the area along with officials of the DDA after notice to the Appellant shall demarcate the subject matter of the land in dispute according to the Total Stand Method (STM) within a period of two months from today.

4.

With these directions, the appeal as also pending application is disposed of.