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HIGH COURT OF DELHI
JUDGMENT
DELHI DEVELOPMENT AUTHORITY ...... Appellant
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.
For the reasons stated in the application, the applications are allowed and delay in filing and re-refiling is condoned.
1. The hearing was conducted through video conferencing. 2022:DHC:415 FAO 132/2020 2
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. FAO 132/2020 3
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