The interpretation of Section 20A of the Specific Relief Act to broadly cover suits involving infrastructure projects, even without a contractual relationship between the parties.

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 by the plaintiffs and as disclosed by the plaintiffs, the Court Master was asked to inform Mr. Dhanesh Relan, Advocate of the listing of the suit for today.

5. Mr. Dhanesh Relan, Advocate for DDA appears today.

6. The counsel for the plaintiffs has argued, (i) that the plaintiffs are the recorded owners of Khasra No.310 in Village Khichripur, Delhi 110091; (ii) that the total area of the said Khasra is 18 bighas; (iii) that out of the said 18 bighas, 7 bighas and 5 biswas was acquired in the year 1971 and plaintiffs continued in possession of the remaining land and have their houses constructed thereon and are in settled possession of the said houses; and, (iv) that though no notice has been served by the defendant no.1 DDA on the plaintiffs of any action intended against the houses of the plaintiffs but the DDA has written to the Delhi Police to provide police help for demolition action scheduled for today.

7. It is inter alia the contention of the counsel for the plaintiffs that the houses of the plaintiffs are part of un-acquired land out of Khasra no.310 and not in the acquired land.

8. Sections 20A, 20B and 20C incorporated in the Specific Relief Act, 1963, by amendment thereof with effect from 1st August,2018, are as follows:-

“20A. Special provisions for contract relating to infrastructure project.-

(1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting injunction would cause impediment or delay in the progress or completion of such infrastructure project.

Explanation.—For the purposes of this section, section 20B and clause (ha) of section 41, the expression “infrastructure project” means the category of projects and infrastructure Sub-Sectors specified in the Schedule.

(2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend the Schedule relating to any Category of projects or Infrastructure Sub-Sectors.

(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulmen