K. Nagraj vs Delhi Development Authority And ...
2005 Latest Caselaw 307 Del

JUDGMENT

B.C. Patel, C.J.

1. This appeal is preferred against the judgment dated 6.8.2004 of the learned single Judge in WP(C) No. 4167 of 2003.

2. It is required to be noted that the unauthorised khokha occupied by the appellant was demolished in the year 1988. In 1999 Civil Writ Petition No. 3353/1999 was filed by the appellant. However, in view of a subsequent representation made by him to the DDA that writ petition was dismissed as not pressed with liberty to take appropriate proceedings in accordance with law in case the representation is rejected. The aforesaid representation was rejected by the respondent.

3. It may be noted that in the year 1990 the appellant had filed Civil Writ Petition No. 2613 of 1990. The said writ petition was dismissed on 16.8.1990 against which a Special Leave Petition was preferred by the appellant which was dismissed by the Supreme Court on 19.10.1995. There is no dispute on these aspects.

4. WP(C) No. 4167 of 2003 out of which this LPA arises is also filed for claiming the benefit against 1988 demolition. In view of the earlier dismissal order made by the Court, this Court cannot interfere and in our opinion, the learned single Judge has rightly rejected the writ petition. Hence, the appeal is accordingly dismissed.