Murti Devi & Anr v. NCT of Delhi & Ors

RAJIV SAHAI ENDLAW, J AUGUST 21, 2018 SR..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st August, 2018. + MURTI DEVI & ANR ..... Appellants Through: Mr. Shekhar Prit Jha, Adv. versus NCT OF DELHI & ORS ..... Respondents Through: None CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No. 33214/2018(for exemption) 1. Allowed subject to just exceptions. 2. The application stands disposed of. RSA 115/2018 & CM Nos. 33213/2018 (for condonation of delay of 20 days in filing) & 33215/2018(for condonation of delay of 10 days in re- filing) 3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 impugns the judgment and decree [dated 1st March, 2018 in RCA No. 60/2016 of the Court of Senior Civil Judge, North-West] allowing the First Appeal under Section 96 of the CPC preferred by the respondent No. 2 DDA against the judgment and decree [dated 4th June, 2016 in CS No. 510/2013 of the Court of the Civil Judge, North] allowing the suit filed by the two appellants for restraining the respondents/defendants, namely, (i) Government of NCT of Delhi, (ii) DDA, (iii) SHO P.S. Aman Vihar and (iii) Patwari Tehsil Kanjawala Delhi, from dispossessing the appellants/ plaintiffs from plot measuring 102 sq. yds. bearing No. 37 out of Khasra No. 33/16 situated in the area of village Mubarakpur Dabas, Delhi. 4. The appeal came up first before this Court on 17th August, 2018, when on account of non-appearance of the counsel for the appellants, the appeal was posted for today. The counsel for the appellants has been heard and the copies of the relevant Trial Court record annexed to the memorandum of appeal perused. 5. The appeal is accompanied with applications for condonation of 20 days delay in filing and 10 days delay in re-filing thereof. However the question of consideration of the said aspect will arise only if the appeal were found to entail a substantial question of law, the sine qua non for entertaining an appeal under Section 100 of the CPC. 6. The appellants/plaintiffs instituted the suit, from which this appeal arises, pleading, (i) that the appellants/plaintiffs on 30th October, 2001 purchased the plot aforesaid situated in the abadi known as Vishal Enclave, Aggar Nagar, Delhi, from one Ashok Kumar, by way of Agreement to Sell, Power of Attorney, registered General Power of Attorney, Affidavit, Will, Receipt etc.; (ii) that the appellants/plaintiffs, in the year 2004 constructed a boundary wall around the aforesaid plot of land but the same was demolished by the respondents/defendants; (iii) that the appellants/plaintiffs again raised a boundary wall along with construction of two rooms which also were demolished by the respondents/ defendants; (iv) that again, in the year 2008, the appellants/ plaintiffs constructed two rooms along with kitchen, toilet etc. which also were demolished by the respondents/ defendants; (v) that appellant/plaintiff again raised some construction in 2009 which was wholly demolished by the respondent/defendant on18th December, 2009; (vi) that only the construction of the appellants/plaintiffs was being demolished and construction raised in the vicinity by others was not being demolished; (vii) that the appellants/plaintiffs also filed objections before the Land Acquisition Collector (North-West), Kanjhawala on 16th August, 2007 and the appellants/ plaintiffs have till date not withdrawn compensation for the aforesaid plot; (viii) that residents of Aggar Nagar, Prem Nagar-III, Village Mubarakpur, Delhi filed an application for regularization of the said unauthorized colony and a provisional regularization certificate of unauthorized colony in E-Block Aggar Nagar, Prem Nagar-III, Mubarkapur Delhi has been circulated; (ix) that the appellants/plaintiffs have, on 7th November, 2009 also installed an electricity connection on the aforesaid plot of land. Hence, the relief in the suit, of permanent injunction restraining the respondents/ defendants from taking any action including of demolition and dispossession of