Samanit Enterprises v. D.D.A

RAJIV SAHAI ENDLAW, J. JULY 01, 2014 "gsr"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 1st July, 2014 + CS(OS) 1441/2004 & I.A.7527/2013 (of defendant u/O 7 R-11 CPC) SAMANIT ENTERPRISES & ANR ..... Plaintiffs Through: Mr. Amit Gupta, Advocate. Versus DELHI DEVELOPMENT AUTHORITY & ANR ..... Defendants Through: Mr. Pawan Mathur, Advocate. AND + CS(OS) 1442/2004 & I.A.7528/2013 (of defendant u/O 7 R-11 CPC) ULTIMATE SERVICES PVT. LTD. & ANR ..... Plaintiffs Through: Mr. Amit Gupta, Advocate. Versus DELHI DEVELOPMENT AUTHORITY & ANR ..... Defendants Through: Mr. Pawan Mathur, Advocate. AND + CS(OS) 818/2006 & I.A.7526/2013 (of defendant u/O 7 R-11 CPC) SH. HARI RAM AND ORS. ..... Plaintiffs Through: Mr. D.V. Khatri, Adv. Versus DELHI DEVELOPMENT AUTHORITY ..... Defendant Through: Mr. Pawan Mathur, Advocate. AND + CS(OS) 1128/2008 & I.A. No.21037/2011 (for correction in the cross- examination of PW-1) JASBIR SINGH ..... Plaintiff Through: Mr. Rajat Aneja, Ms. Rashi Verma and Ms. Swati Gupta, Advocates. Versus DDA AND ORS ...... Defendants Through: Mr. Pawan Mathur, Advocate. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. All these four suits concern the same property and were consolidated and the aspect of their maintainability is for consideration. 2. The two plaintiffs in CS(OS) No.1441/2004 viz. M/s Samanit Enterprises, a partnership firm and its partner Sh. Ashok Gupta (since deceased, through his legal representatives) and the two plaintiffs in CS(OS) No.1442/2004 viz. M/s Ultimate Services Pvt. Ltd. and its Director Mr. G. Verghese, in or about the year 1997 filed Civil Writ No.533/1997 and Civil Writ No.534/1997 respectively in this Court and which writ petitions were disposed of vide common order dated 08.01.2003. The said order records: (i) that on 03.09.1957, a notification under Section 4 of the Land Acquisition Act, 1894 was issued, seeking to acquire besides other lands, land measuring 1 bigha and 13 biswas comprising Khasra No.51 and 1 bigha and 18 biswas comprising Khasra No.52 situated in village Humayunpur, Delhi; (ii) that vide award No.1170, the aforesaid 1 bigha 13 biswas of land comprising Khasra No.51 and 1 bigha of land out of Khasra No.52, comprising of total 1 bigha and 18 biswas was acquired; (iii) that another award No.1170A was made on 23.10.1963 vide which another 11 biswas of land out of Khasra No.52 was acquired; (iv) thus 7 biswas of land out of Khasra No.52 remained to be acquired; (v) no further proceedings were taken with respect to the said 7 biswas of land and thus the acquisition proceedings initiated with respect to the said 7 biswas of land lapsed; (vi) the petitioners in both the writ petitions claimed to be subsequent purchasers from the previous owners and claimed to have acquired title in the said 7 biswas of land which, in the revenue records, was described as Khasra No.52/2/2 of village Humayunpur and had filed the writ petitions for declaration that there was no award made with respect to the said 7 biswas of land and to restrain the respondents in the writ petitions i.e. Union of India and another from taking possession of the said 7 biswas of land; (vii) that though the petitioners (i.e. the plaintiffs in CS(OS) No.1441/2004 and CS(OS) 1442/2004) were entitled to the relief to the extent that 7 biswas of land comprised in Khasra No.52/2/2 of village Humayunpur was free from acquisition but were not entitled to the relief of restraining the respondents in the writ petition from not taking over the possession of the land in their occupation, in view of the report of demarcation dated 20.04.2000 of the Sub-Divisional Magistrate (SDM), Hauz Khas, New Delhi appointed to take steps to identify the land measuring 7 biswas and in which report, it was stated that the buildings / plot occupied by the petitioners fell in Khasra No.51 which was acquired land; (viii) accordingly, the writ petitions were disposed of declaring that the land comprised in Khasra No.52/2/2 measuring 7 biswas was free from acquisition but d