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2024 Supreme(Online)(DEL) 31502

HIGH COURT OF DELHI
MS. JUSTICE TARA VITASTA GANJ, J
AVINESH KUMAR – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY AND ANR. – Respondent


Mr. Aditya Raj and Ms. Anju Agarwal, Advocates. Ms. Shobhna Takiar, SC for DDA with Ms. Lalitha Malhotra and Mr. Kuljeet Singh, Advocates.

JUDGMENT

TARA VITASTA GANJU, J.:

1. The present appeal challenges the judgment dated 24.03.2023 passed in CS No. 710/2018 [hereinafter referred to as "Impugned Judgment"], which dismissed the Appellant's suit for permanent and mandatory injunction along with damages against the Respondents.

2. On 19.05.2023, a Coordinate bench of this Court issued notice in the present appeal and put the Impugned Judgment in abeyance until the next hearing, which continued during the pendency of this Appeal.

3. The brief facts necessary for adjudication of the present matter reads as follows:

4. The Appellant, claiming to be a local resident and worshipper at the Shiv Temple located in Shiv Park, Kondli Sabji Mandi, Delhi [hereinafter referred to as "suit land"], filed a suit for permanent and mandatory injunction along with damages exceeding Rs. 3 lakhs against the Respondent/ DDA and the Respondent/SHO, P.S. Gazipur. The Appellant alleged that the Respondent/ DDA intended to demolish the Shiv Temple, which was built on the suit land. It is contended that the suit land was donated in the year 1969 by local people. It was further contended that the certain “bad elements” of the locality had also start

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