S.N.VARIAVA, V.N.KHARE
Poonam – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
JUDGMENT
S.N. Variava, J.-Leave granted.
2. This Civil Appeal is against the Judgment dated 29th January, 1999 passed by the High Court or Delhi.
3. Briefly stated the facts are as follows:
One Swatantra Co-operative House Building Society (hereinafter called the Society ) had initially applied for sanction of a layout plan. The Standing Committee of The Municipal Corporation of Delhi had sanctioned that layout plan by a Resolution dated 1st October, 1958. That layout plan consisted of 98 plots. However, by mistake it was mentioned in the Resolution that there were 108 plots. The layout plan which had been sanctioned had irregular boundaries, as a result of which there was no proper approach road to Plots Nos. 1, 2, 10, 15 of Block-B and Plots Nos. 18-25 of Block-E. Therefore, the Resolution of 1958 prohibited any building activities on the above mentioned plots.
4. Thereafter, the Society, with the permission of the Municipal Corporation of Delhi, started negotiations with their neighbour i.e. the Central Road Research Institute, to straighten out the boundaries. As a result of these negotiations the boundaries of the Society could be straightened out. In straightening out the boundar
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