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1 - 10 of 36 (0.28 seconds)P.P. Kapur, Kaushalya Devi And S. Kapur vs Delhi Development Authority on 14 August, 1987
3. Thereafter, the defendant was served. Written statement
was filed by the defendant in which it is inter-alia contended by
the defendant that the suit land in Khasra No. 27/20 min.
measuring 4 bigha 16 biswa has been acquired by award no.
1698. That the physical possession of the land measuring 4
bigha 15 biswa has been handed over to the defendant/ DDA
on 21.05.1964 by the LAC/L&B. That the said land has been
CS. 608208/2016 Smt. Kaushalya Devi Vs. DDA.
placed at the disposal of answering defendant by virtue of
-4-
notification No. F8(49)63L&H dt. 03.01.1968 U/Sec. 22(1) of
Delhi Development Act, 1957. That the formal possession of the
remaining land measuring 1 biswa has been handed over to the
answering defendant due to built up i.e. Samadhi. That the said
land has been transferred to the Pankha Road Residential
Scheme. That the plaintiff has illegally and unlawfully
encroached upon the Govt. acquired land measuring 01 biswa
by constructing a Samadhi and a nursery. That the said
Samadhi is built up on a lad measuring 20 sq. yds. and on the
remaining land the plaintiff is running a nursery. That the plaintiff
has no right or title over the said encroached land and is liable
to be evicted. That the plaintiff has, therefore, no cause of
action and is not entitled for the relief claimed in the suit. That
the plaintiff is a trespasser and encroacher on the govt. land
and has no locus standi to file the present suit and the relief
claimed. That as regard the Samadhi pooja and Shiv mandir,
the plaintiff has made a concocted story in order to grab the
government acquired land under the garb of present suit. That
the plaintiff is in unauthorized encroachment of plot No. C-2/8-9,
Janakpuri illegally and unauthorisedly. However, a Samadhi and
a dead well are in existence on land measuring 20 sq. yds.
Section 16 in The Land Acquisition Act, 1894 [Entire Act]
The Land Acquisition Act, 1894
Indore Development Authority vs Manoharlal And Ors. Etc. on 6 March, 2020
33. As far as Issue No. 2 is concerned, in my considered
view, keeping in view the observations made by the Hon'ble
Supreme Court in Indore Development Authority Vs. Manoharlal
and Hon'ble High Court of Delhi in Hoshiyar Singh Vs. DDA, it
does not matter whether the suit property was demolished by
DDA or not in the year 2001.
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
The Delhi Development Authority Act, 1957
Section 31 in The Land Acquisition Act, 1894 [Entire Act]
Shri Hoshiyar Singh Bagri vs Delhi Development Authority & Anr. on 31 March, 2011
As the Hon'ble High Court has
held in Hoshiyar Singh Vs. DDA that: