Delhi High Court
Delhi Development Authority vs Sunil Kumar & Anr on 2 February, 2022
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 02.02.2022
+ FAO 132/2020 & CM. APPL. 11952/2020
DELHI DEVELOPMENT AUTHORITY ...... Appellant
versus
SUNIL KUMAR & ANR ..... Respondents
Advocates who appeared in this case:
For the Appellant: Mr. Sanjeev Sagar, Additional Standing Counsel with
Ms. Nazia Parveen, Advocate.
For the Respondents: Mr. Manohar Lal and Mr. Chaitanya Rohilla, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM. APPLS. 11951/2020 & 11954/2020
For the reasons stated in the application, the applications are
allowed and delay in filing and re-refiling is condoned.
FAO 132/2020
1. The hearing was conducted through video conferencing.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:02.02.2022
Signing Date:02.02.2022 22:42:58 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Appellant impugns order dated 25.07.2019, whereby the appeal
filed by the appellant/DDA has been dismissed.
3. Learned counsel for the appellant submits that the facts and the
legal issues arising in the present appeal are identical to the facts and
issues that had arisen in RSA 56/2020, titled Delhi Development
Authority Vs. Kamal Singh & Anr. and other connected petitions,
which were disposed of by order dated 01.12.2020, holding that the
order passed in W.P. (C) 10361-66/2004 would enure to the benefit of
the respondents. The order passed in W.P. (C) 10361-66/2004 is
reproduced herein:-
"Writ petition is accordingly disposed of
holding that petitioners possession in
respect of the aforesaid land cannot be
disturbed till their application under
Section 74(4) is disposed of. If decision is in
favour of the petitioner, possession would
not be disturbed. Only if the decision is
against the petitioner and subject to their
right to challenge the order and on the
proceedings attaining finality against the
petitioner alone can petitioner possession be
disturbed by the respondents."
4. It is submitted by learned counsel for the parties that
proceedings under Section 74 (4) of the Delhi Land Reforms Act are
still pending.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:02.02.2022
Signing Date:02.02.2022 22:42:58 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
5. The appeal is accordingly disposed of in terms of Further, in
terms of order dated 01.12.2020 directing that the respondents cannot
be dispossessed unless and until proceedings before the revenue
authority attains finality.
6. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through e-mail by the Court
Master.
SANJEEV SACHDEVA, J
FEBRUARY 2, 2022
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:02.02.2022
Signing Date:02.02.2022 22:42:58 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
