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2019 Supreme(Del) 1522

RAJIV SAHAI ENDLAW
Hari Ram Nagar – Appellant
Versus
Delhi Development Authority – Respondent


Advocates Appeared:
For the Plaintiffs :Dr. Surat Singh, Ashutosh Mishra, Ravi Nagar, Advocates
For the Defendants :Dhanesh Relan, St. Counsel, Gauri Chaturvedi, Advocate

Judgement Key Points

The court found that the suit, seeking declaration of ownership and permanent injunction against demolition by the Delhi Development Authority (DDA), falls under Section 20A of the Specific Relief Act as it involves an infrastructure project (such as hospital extension or road), regardless of any contractual relationship between the parties.[11000640770008][11000640770009][11000640770010][11000640770011][11000640770012][11000640770013][11000640770022][11000640770023] It interpreted Section 20A purposively and broadly to cover suits that could stall infrastructure projects, emphasizing the legislative intent to prevent delays through court proceedings.[11000640770013][11000640770014] Consequently, no injunction was granted, and the suit was ordered to be treated and renumbered as an infrastructure suit.[11000640770015][11000640770016][11000640770024] The plaintiffs failed to establish a prima facie case, as they could not identify the acquired portion of the land distinct from their claimed possession.[11000640770017][11000640770018][11000640770019] The DDA was directed to file relevant documents, including prior proceedings, and depute a senior officer familiar with the facts and site.[11000640770020][11000640770021] The court noted the lack of awareness among government counsel regarding Sections 20A to 20C and directed a copy of the order to the Secretary, Ministry of Law & Justice for familiarization.[11000640770025][11000640770026]


JUDGMENT :

1. The four plaintiffs namely (i) Hari Ram Nagar, (ii) Paras Ram, (iii) Nirmal and (iv) Turmal have instituted this suit, for declaration that the plaintiffs are the true legal owners of land bearing Khasra No.310 i.e. 310/1 (4-10) + 310/2 (4-10) + 310/3 (4-10) + 310/10 (4-10) = (18-00) – (7-05) = (10-15) and, for permanent injunction restraining the defendants namely Delhi Development Authority (DDA), Union of India and Deputy Commissioner of Police, from disturbing the peaceful and settled possession of the plaintiffs of the said land.

2. The suit came up first before this Court yesterday, subject to office objection as to valuation. However, the counsel for the plaintiffs, instead of arguing on the said objection, stated that the deficiency in Court fee shall be made up in the course of the day and further contended that demolition by DDA with assistance of police was scheduled by the defendants for today. Thus, the suit was listed for today.

3. The plaintiffs have paid the requisite Court fee

4. Though, the counsel for the defendants had not appeared yesterday but finding that Mr. Dhanesh Relan, Advocate was appearing for the DDA in the writ proceeding earlier preferred

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