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Court dismisses plea to return government land

Delhi high court

New Delhi:  In a case similar to Mumbai’s Campa Cola housing society, a Delhi court has declined to return government land to a man who had bought a flat which was constructed illegally and was later demolished by DDA.

The court dismissed a suit for declaration of ownership and possession of land to a man and a woman who had bought a plot in a residential colony here which was raised by a real estate firm, saying the land belonged to the government.

“I hereby hold that the plaintiffs have failed to prove their case and are not entitled to the relief of declaration as prayed for and hence are also not entitled to the relief of possession as asked for in the plaint. The suit of plaintiffs is hereby dismissed,” Additional District Judge Kamini Lau said.

In the Campa Cola society case, flat owners had failed to get any relief with the Supreme Court paving the way for demolition of the flats constructed in violation of building rules.

In the present suit, Delhi residents Kishore Sethi and Shashi Sethi had bought a plot of land from Capital Housing Company for Rs 3.5 lakh in 1998 in Bharola village in north Delhi.

It said the builder had purchased the land and a large number of plots were carved out which were sold to the buyers.

It added that after getting no objection certificate from authorities concerned, thousands of residential houses were built in the colony as part of Adarsh Nagar Extension and the MCD had also regularised it in 1980.

The suit said that on June 19, 2003, DDA had demolished the superstructure on the man’s plot on the ground that it was a government land and the construction was an encroachment.

“The defendants (Government, DDA and Gaon Sabha) have no right, title or interest to hold claim and forcibly occupy the plaintiff’s land but the defendant being statutory authorities have taken possession and demolished the structure in colourable exercise of their power. Hence the present suit is filed by the plaintiff,” it had said.

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