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2007 Supreme(Del) 2724

SANJAY KISHAN KAUL
MAHANT SURINDER NATH THRU HIS ATTORNEY SHRI SATISH KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr.M.Mirza and Mr.Rajesh Yadav, Advocates with plaintiff and the attorney of plaintiff in person.
Ms.Monika Garg, Advocate for UOI/D-1. Mr.Sanjay Poddar, Advocate for the LandB Deptt. of the GNCT Delhi/D-2. Mr.Jagmohan Sabharwal, Sr. Advocate with Mr.S.K.Sabharwal, Adv. for DDA/D-3. Mr.R.K. Bhardwaj, Advocate for the applicant in IA 11020/07. Mr.Basant Kumar Gupta, Advocate for the applicant in IA 13855/07. Mr.Harish Bhardwaj, Advocate for the applicant in IA 13923/07.

1.The plaintiff, claiming to be a Mahant of Kalkaji Mandir, has filed the present suit for declaration, possession and injunction through his attorney Mr.Satish Kumar. The attorney is the natural born brother of the Mahant.

2.The case of the plaintiff is that the plaintiff is the lawful owner of 50% share of Khasra No.629 measuring 4 bigha 2 biswa, Khasra No.630 measuring 18 bigha 9 biswa, Khasra No.633, 633/1, 633/2 and 633/2/1 measuring 185 bigha and 1 biswa in Village Bahapur. Out of this total land, certain portions of the land were acquired by different awards by the Government of India in all the sixkhasra numbers. The remaining land after acquisition is stated to be 45 bigha and 10 biswa out of which the share of the plaintiff is stated to be 22 bigha and 15 biswa.

3.The plaintiff claims that after demarcation of the land which resulted in Suit No.342/1991, the plaintiff approached the Director (Lands) DDA and asked him to restore the land occupied and fenced by the DDA which measured 22 bigha and 15 biswa as the same was never acquired. It is the case of the plaintiff that the right of such property being enjoyed by the DDA is without authority of law. The Director of DDA i















































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