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2019 Supreme(Del) 656

IN THE HIGH COURT OF DELHI AT NEW DELHI
S. Ravindra Bhat, A.K. Chawla, JJ.
South Delhi Municipal Corporation - Appellant
Vs.
Pawan Garg And Others - Respondents
Letters Patent Appeal No. 369 of 2016
Decided On : 24-04-2019

Advocates Appeared:
Sanjay Poddar, Adv., Mini Pushkarna, Adv., Swagata Bhuyan, Adv., Shiva Pandey, Adv., Pawan Verma, Adv., Anup Gupta, Adv., Krishan Sharma, Adv.

Headnote:

Delhi Municipal Corporation Act, 1957 - Section 312, 313 - Land - Change of land - Consequences of - Once the colonizer parted with the properties - When the use of the plot was "fixed" or had crystallized as a public purpose, its transfer in 1994 could not have arisen - Residual ownership did not extend to the holder of title the right to transfer the land - When the use continued to remain unaltered, it appears to have conferred -through such transactions, rights it never had nor could claim - No rule of law or binding authority was shown to the court - Change of land use and - Final decision of the SDMC was not to include the plots in the Green Park Extension and construct residences - SDMC may explore other options for use of the plot for some other public purpose - Single Judge was in error in directing the SDMC to reconsider the matter - Impugned judgment is set aside.

JUDGMENT :

S. Ravindra Bhat, J.

The appellant (hereafter "SDMC") is aggrieved by a judgment dated 03.03.2016, allowing a writ petition bearing of the respondents (hereafter "Garg"). Garg filed the writ petition and sought directions, to set aside the decision dated 19.05.14 passed by the Lay Out Scrutiny Committee (hereafter "LOSC") of SDMC; and to direct the SDMC to incorporate their (i.e. the respondents) plots, (comprised in khasra no. 5, 6, and 14, village Yusuf Sarai Jat now known as property no. K-28, Green park Extension, New Delhi) in the layout plan of Green Park Extension colony, New Delhi. The Single Judge set aside the order dated 19.05.2014 of the LOSC and the decision of the Standing Committee (hereafter referred to as "SC") dated 17.07.2014, and directed the SDMC to re-consider the inclusion of plot in Khasra Nos. 5, 6 and 14 ("the plot" hereafter) at Village Yusuf Sarai Jat (K- 28 Green Par Extension) in the lay out plan within a period of sixty days from the date of the impugned judgment.

2. Garg'S claim was that the plot in measured 1600 sq. yds. is now known as property no. K-28, Green park Extension; it was sold by M/s. Urban Development Company Pvt. Ltd. to five people through registered sale deeds. During the years 1975 to 1982, the officers of Municipal Corporation of Delhi(MCD) tried to dispossess the erstwhile owners from their plots, a result of which, the erstwhile owners filed five separate individual civil suits for permanent injunction against MCD in Civil Court at Delhi. On 01.10.88, Sh. V.K. Malhotra, Sub Judge, First class, Delhi, decided all the mentioned suits through five separate judgments, whereby the erstwhile owners were held to be the owners of their respective plots comprised in the said land. MCD was permanently restrained from dispossessing them from the said plots. Five separate appeals were filed against the said judgment before Sh. S.N. Dhingra, ADJ, Delhi, and these appeals were dismissed by an order dated 21.03.1992.

3. In 1994, the erstwhile owners sold the plot in question to some subsequent buyers, Garg being one of them. The MCD again tried to take possession from the subsequent buyers and on 03.05.1995 they preferred four individual Contempt Petitions against the erring MCD officers in the Court of Civil Judge, Delhi. The details of the contempt petitions filed are given below:

Contempt Petition

Filed by (subsequent buyer)

Arising from suit

20/95

SurindraKundra

Suit no. 445/78 titled Vasudev Vs. MCD & others.

22/95

Harish Kundra

Suit no. 183/78 titled Jagdish Lai Batra Vs. MCD & others and 116/80

23/95

Roshan Lal

Suit no. 445-A/78 titled Prem Nath Vs. MCD & others.

24/95

Surinder Kumar

Suit no. 444/78 titled Govind Ram Vs. MCD

4. These contempt petitions were disposed of by orders dated 28.09.1995, the MCD officers apologized for their "unintentional acts" of interference in the possession of the suit property. The statements of the MCD officers was also recorded by the court and apology was tendered by them.

5. On 08.08.1996, the six subsequent buyers applied to the office of the MCD to get their respective plots incorporated in the layout plan of Green Park Extension. On 03.09.1997, the Additional Deputy Commissioner (Land & Estate) wrote to the Deputy Municipal Commissioner (south-zone MCD) referring to the judgments in the civil suit and also the statements made by MCD officers in the above mentioned Contempt Petitions; and sought clarification whether the aforesaid land was MCD property or it was private property in the name of the subsequent owners. On 13.01.1998, the Delhi Development Authority (DDA) wrote to the Secretary (Government of NCT of Delhi hereafter "NCT") that the land in question was un-acquired by the DDA and the same had to be acquired for






























































































































































































































































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