Delhi Development Authority vs Sergeant Dal Chand Yadav on 9 February, 2022

[Cites 1, Cited by 0]

Delhi High Court - Orders

Delhi Development Authority vs Sergeant Dal Chand Yadav on 9 February, 2022

Bench: Prateek Jalan

                   $~19 (2022 Cause List)
                   *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +          CM(M) 137/2022 & CM APPL. 7263/2022

                       DELHI DEVELOPMENT AUTHORITY                   ..... Petitioner
                                     Through: Ms. Garima Prasad, Sr. Counsel
                                                with Mr. Anish Dhingra, Mr.
                                                Nakul Ahuja and Mr. Manish
                                                Dhingra, Advocates for Petitioner,
                                                DDA.
                                            versus
                       SERGEANT DAL CHAND YADAV                   ..... Respondent
                                     Through: None.
                   CORAM:
                   HON'BLE MR. JUSTICE PRATEEK JALAN

                                          ORDER

% 09.02.2022 The proceedings in the matter have been conducted through video conferencing.

CM APPL. 7262/2022 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CM(M) 137/2022 & CM APPL. 7263/2022 (stay)

1. Issue notice. Notice may be served upon the respondent through learned counsel appearing on his behalf before the Executing Court.

2. The petitioner- Delhi Development Authority ["DDA"], assails an order dated 10.12.2021, passed by the Court of the Civil Judge-02, District West, Tis Hazari Courts, Delhi, in Execution No. 891/2017 [Sergeant Dal Chand Yadav vs. Delhi Development Authority].

Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:10.02.2022 14:08:45 CM(M) 137/2022 Page 1 of 2

3. The decree under execution is dated 02.12.1987, by which the DDA was restrained from interfering in the possession of the respondent decree-holder qua premises no. WZ-170/220A, Village Madipur, New Delhi ["the suit property"].

4. According to Ms. Garima Prasad, learned Senior Counsel, appearing on behalf of the DDA, the decree-holder filed the execution proceedings only thirty years thereafter, alleging that his possession in the suit property had been interfered with by DDA in the course of a demolition drive. According to DDA, the suit property was not the property identified by the decree-holder in Khasra No. 695 Min, 696 Min and 697 Min of Village Madipur, New Delhi, wherein the demolition drive had taken place. In these circumstances, the DDA sought appointment of a Local Commissioner for demarcation of the land. Ms. Prasad submits that in the absence of demarcation, the identification of the suit property remains ambiguous, and the decree-holder is taking advantage of that ambiguity to encroach upon other lands, which were not the subject matter of the suit.

5. Reply to the petition may be filed within four weeks. Rejoinder thereto, if any, may be filed within two weeks thereafter.

6. List on 20.04.2022.

7. It is made clear that any further proceedings in the execution proceedings will be subject to further orders passed in this petition.

PRATEEK JALAN, J FEBRUARY 9, 2022/'Bp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:10.02.2022 14:08:45 CM(M) 137/2022 Page 2 of 2

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders