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Showing contexts for: dd act in -1- Jagbir Singh & Ors. vs . Dda & Anr. on 22 October, 2009Matching Fragments
3. The defendant/DDA has contested the suit primarily on the ground that the plaintiffs had no locus stand to file the present suit; further that the suit was bad for want of notice under Section 53-B, DD Act. It was admitted by the defendant that Khasra no. 37/2 of Village Samaspur-Jagir was in the abadi of Lal Dora of the village and that the houses of the plaintiffs fell in the Lal Dora area but the open land lying vacant in front of the plaintiff's houses fell in Khasra no. 48 min and 49 min of the village. It was submitted by defendants that the said khasra numbers had been notified under Section 4, 6 and 17 vide Notification dated 12.04.1988 and 26.04.1988 and the physical possession was taken over by LAC vide letter dated 01.06.1988. These khasra numbers had been placed at the disposal of DDA vide Notification under Section 21 of DD Act dated 07.07.1988 and the land
-4- Jagbir Singh & Ors. Vs. DDA & Anr.
in dispute had been allotted to the Electrical Grid Sub Station for supply of electricity to Mayur Vihar Group Housing Flats. The plaintiffs had been illegally using the land by laying their cattle and storing fodder, but that did not mean that the plaintiffs had become the owner or had acquired the property. It was categorically submitted that the plaintiffs had no right, title or interest over the suit property.
4. The defendant no. 2/DESU has contested the suit primarily on the ground that the suit was not maintainable against the defendant/DESU in its present form and the suit was bad for want of legal notice under Section 478 of DMC Act. On merits, it was submitted that the suit land fell in Khasra no. 48 and 49 min of Village of Samaspur-Jagir, Delhi which stood notified under Section 4, 6 and 7 of the Act and the possession of the same had been taken over from LAC/L & B Deptt. on 01.06.1988, and the land had been placed at the disposal of DDA vide Notification under Section 22 (1) of DD Act dated 07.07.1988. Thereafter, the land had been handed over to DESU for Electric Sub Station. The plaintiffs were only trying to grab the land in dispute and that the plaintiffs had no right, title or interest in the suit property.