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2016 Supreme(Del) 1546

GITA MITTAL, I.S.MEHTA
RAVINDER KUMAR – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Parvinder Chauhan and Mr. Abhilash Vashisht, Advs.
Mr. Pawan Mathur, Standing Counsel for DDA.

JUDGMENT

GITA MITTAL, J.


1. By this order, we propose to decide the challenge to an order dated 26th of August 2015 passed on I.A.No.2456/2014 in a suit bearing CS(OS)No.2187/2014 for injunction filed by the appellants against the Delhi Development Authority (‘DDA’ for brevity).

2. In its plaint the appellants are complaining in respect of a demolition carried out by the DDA on 15th July, 2014 with regard to the construction on land ad measuring 2 bighas out of Khasra No.1161/1 (min) situated in revenue estate of Village Mehrauli (Delhi). For brevity, we may note the appellants case in the plaint seeking decrees for permanent injunction and damages, inter alia averring as follows :

“10. That the again on 04.05.2007 the Deputy Director (Horticulture) of the defendant had written a letter dated 04.05.2007 to the Deputy Director (LN) SWJ DDA thereby informing that there are 10 numbers of Kachcha Juggies existing and it was also stated that some encroachment had been removed but not completed.

11. That thereafter a demolition programme for removing the remaining construction/encroachment was fixed on 13.06.2007 the demolition was carried out and the encroachment from the land of the de













































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