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Court orders DDA to compensate builder

By Press Trust of India
PUBLISHED ON JUN 21, 2016 08:50 AM IST

NEW DELHI: Delhi Development Authority (DDA) has been directed by a court here to allot an alternative plot and pay compensation to a builder for illegally ousting him from his building which was demolished to construct a public road.

Besides this, the court asked DDA to pay Rs 2 lakh as damages to the builder who proved that it was his land at Gurmandi area of central Delhi where demolition was carried out.

Additional district judge Kamini Lau said since the demolition was conducted on Delhi High Court’s directions as a road was required to be constructed over the land in public interest, therefore plaintiff M/s Seema Builders is entitled to compensation for the land.

“(As) the land cannot be restored to the plaintiff and under the given circumstances, I hold the plaintiff entitled to the alternative prayer made by it i.e. directions to DDA and other concerned authorities to acquire plaintiff ’s land in accordance with law and to pay the compensation at prevalent market rate at the time of demolition with alternative plot as per the scheme, if any,” the court said.

The court noted that the record confirmed there was a residential building which was constructed after seeking due permission from various authorities including Archaeological Survey of India and Municipal Corporation of Delhi.

The builder filed a suit alleging that on September 3, 2002, DDA officials and police force trespassed into his property and demolished his godown, rooms and other portion of the land situation towards the municipal road to dispossess him and to take its forcible possession.

The suit said that the demolition was carried out without giving any prior notice and huge loss was caused to plaintiff.

DDA had claimed that the suit was filed with malafide intention to encroach upon the government land and plaintiff has given wrong particulars of the property. It also said the construction which was removed was falling in the road alignment passing through from GT Karnal road to Kalyan Vihar.

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