After 66 years of litigation in New Delhi, it is for the first time in the city court that a land dispute case has been dismissed. The case was originally filed in 1959 by plaintiff Mohan Lal against property developers for allegedly carrying out unauthorized interference in a land parcel located at Basai Darapur in Delhi. The court ruled that the case “is not maintainable in its present form.” It failed to seek possession of the disputed land.
Case Background
The case was litigated as early as 1959 when Mohan Lal filed a suit for a mandatory injunction that restrained developers constructing a colony on his land without his consent.
The property measured 12 bighas more than 3 hectares and was alleged to have been included in a town planning scheme submitted to the DDA in 1957, against which the plaintiff did not give his consent.
The colony, named Mansarovar Garden, was constructed during the pendency of the legal challenge.
Observations and Judgment by the Court
Civil Judge Kapil Gupta observed that the plaintiff was not in possession of the disputed land and had merely prayed for an injunction and not for relief for possession.
The court held that since the colony had already been constructed, any application to restrain the developers was now infructuous.
In the court’s February 3 order, it was established that the plaintiff did not prove his case, and the suit was dismissed.
Arguments from the Defendant’s Desk
The main advocate of property developers Amit Kumar argued that in the meantime, plaintiff’s suit lost its relevance because the land has developed into a full-fledged colony.
It was further argued that this case had been dragging for three generations, thus proving property disputes in India take years to get resolved.
While appreciating the efforts of the judge to close the case, he also observed that the options of appeal to higher courts were still open for the plaintiffs.
Importance of the Judgment
The case throws light on the time-consuming Indian judicial system and how land dispute cases often stretch over decades.
There have been such cases earlier as well.
A 54-year-old land dispute in 2022, which the Supreme Court resolved in favor of the heirs of a property owner.
A Delhi High Court ruling in 2022, which dismissed a 62-year-old petition challenging land acquisition proceedings due to excessive delay.
This is a 66-year-old legal battle that depicts the challenges of protracted litigation in property disputes. Although the court dismissed the suit, the case does not necessarily end with that ruling if an appeal is filed in the higher courts. The present ruling reminds one of the need for prompt action in the filed cases to ensure timely judgment on property cases.
