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M/S. Ahuja Dhaba (through Mr. Amrik Singh Ahuja) v. Delhi Development Authority

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1163 of 2007)Decided 24 Jan 2019
Civil Appeal No. 1163 of 2007
Justice R. Banumathi · Justice R. Subhash Reddy

Background

The appellant claimed to still be in possession of part of a plot of disputed land (Khasra No. 958/29), asserting that it remained "evacuee property" that had not been finally settled. The Delhi Development Authority (DDA) disputed this, submitting that the land had been transferred to it by its predecessor body, the Delhi Improvement Trust, making DDA the lawful owner as the Trust's successor. The matter reached the Supreme Court as a civil appeal against a High Court order that had gone against the appellant.

Decision Breakdown

The Court heard counsel for both sides and reviewed the impugned order and the other material on record. It found no reason to interfere with the High Court's order, holding that DDA's position, that it owns the land as successor to the Delhi Improvement Trust, was not shown to be wrong. The appeal was accordingly dismissed. The Court added that this dismissal would not bar the appellant from pursuing any other legal remedy that might be available to him.

Lesson Learnt

A bare claim of continued "possession" of land does not by itself defeat a government authority's documented ownership through succession from a predecessor body: a litigant relying on an "evacuee property" argument must be able to substantiate it with evidence, not just assertion.

Official source (sci.gov.in)View Judgment (PDF)

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