The suit for damages against municipal officials for property demolition was barred by limitation, as it was filed beyond the six-month statutory period after the cause of action under the Delhi Municipal Act.

JUDGMENT

V. Kameswar Rao, J.

CM APPL. 13094/2019

This is an application filed by the appellant for placing on record additional documents.

For the reasons stated in the application, the same is allowed and the application is disposed of.

RFA 238/2019

1. This appeal has been filed by the appellant with the following prayers:

"In view of the submissions made above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

a.) Call for the records of Civil Suit No. 516 of 2018, titled as "Sh. Ashok Sikka v. South Delhi Municipal Corporation & Ors." before the Court of Sh. Munish Markan, Ld. ADJ-01, South, District Courts, Saket, New Delhi;

b.) allow the present appeal and set aside the final order, judgment dated 10.12.2018 passed by the Court of Sh. Munish Markan, Ld. ADJ-01, South, District Courts, Saket, New Delhi in Civil Suit No. 516 of 2018, titled as "Sh. Ashok Sikka v. South Delhi Municipal Corporation & Ors.".

c.) Remand back Civil Suit No. 516 of 2018, titled as "Sh. Ashok Sikka v. South Delhi Municipal Corporation & Ors." to the Court of Sh. Munish Markan, Ld. ADJ-01, South, District Courts, Saket, New Delhi for adjudication after evidence is led by the parties;

d.) a decree of costs in favour of the Appellant and against the Respondents thereby awarding costs of the present appeal; and

e.) pass any other as the Hon'ble Court may deem fit."

2. Before going into the merits of the issue, it would be apposite to give a brief factual background from which this present appeal emanates. The appellant/plaintiff filed a suit before the learned Trial Court for declaration, mandatory injunction and damages against the defendant No.1/respondent No.1 South Delhi Municipal Corporation (`SDMC', hereinafter), current and erstwhile officials of the SDMC and the Chief Secretary, GNCTD. The appellant, his son and wife are the joint owners of the property no. B-5, Lane-14, Western Avenue, Ekta Marg, Sainik Farm, New Delhi-62 (`suit property' for short).

3. According to the appellant, the respondent Nos. 8, 9 and 10 visited the house of the appellant on May 20, 2007 and demanded Rs.5,00,000/- as a bribe and threatened the appellant that if the said amount was not paid then the suit property of the appellant shall be completely demolished. The appellant refused and took a stand that the suit property was protected from the punitive actions under the Delhi Municipal Act, 1957 (`DMC Act', hereinafter) and Section 3 of the Delhi Laws (Special Provisions) Act, 2006 (`DLSP Act', for short). The case of the appellant before the Trial Court was that the suit property was constructed prior to the year 2000. The defence of the respondents before the Trial Court was that, they had acted upon the order dated May, 09, 2007 in Rajeev Malhotra v. UOI & Ors., W.P.(C) No. 6374/2000 whereas the appellant argued that the said order was not enforceable in view of the DLSP Act which was extended from time-to-time upto 2014. Despite the existing law, according to the appellant, the respondents without giving any prior notice or warning went on to demolish the entire house between May 23, 2007 to May 26, 2007 and also on May 30, 2007.

4. It was the case of the appellant that the order dated May 09, 2007 and the four-member lawyer's committee stated that only the front canopy and the structure beneath, the suit property needed to be demolished. It was the case of the appellant that the respondents themselves violated the provisions of the DLSP Act and that the respondents singled out only one house for d