GITA MITTAL, J.

1. The present case reinforces the principle that adjudication on a factual situation by strict application of law would maximise public welfare.

2. By this order I propose to dispose of IA No. 4518/2006 under Order XXXIX Rule 1 & 2 and IA No.8011/2006 (under Section 151 of the CPC) filed by the plaintiff. Identical questions of fact would arise for the consideration of both applications. Similar legal objections have been urged by the private defendant to these applications. The same are accordingly being taken up together for the purpose of consideration and disposal.

3. The present suit has been filed by IHBAS against the Government of NCT of Delhi (Secretary-Land & Building Deptt.); Delhi Development Authority and Land & Development Department, Office of the Ministry of Works & Housing, Nirman Bhawan, New Delhi as defendant nos. 1, 2 and 3 respectively. The plaintiff has also impleaded Het Ram S/o Late Sh. Hukmi as the defendant no.4 and Kewal Ram @ Kewal (deceased) S/o Late Shri Mohan Singh through his legal heirs Kiran Chand; Sarbati and Jag Roshni as defendant nos. 5(i) to (iii).

4. One written statement dated 21st November, 2006 signed and verifie