Judgement

VAIDIALINGAM, J.: This appeal, by the Municipal Corporation of Delhi by special leave, is directed against the judgment and order dated August 11, 1967 passed by the High Court of Delhi in Letters Patent Appeal No. 85 of 1967. The Letters Patent Bench had confirmed an order of the learned Chief Justice, Delhi High Court, dated May 10, 1967 whereby a writ of mandamus had been issued to the appellant to approve the plans submitted by the respondents and grant the sanction asked for.

2. The circumstances leading up to the issue of the writ of mandamus against the appellant may be briefly adverted to. The respondents are the owners and are in possession of the building bearing municipal door Nos. 3766 to 3776 situated in the main Chawri Bazar Delhi. As the building was an old construction and required urgent and extensive repairs, on October 16, 1965 the respondents submitted to the appellant plans for its sanction for execution of work consisting of repairs, additions as well as alterations to the said building. The Commissioner of the appellant Corporation, by letter dated February 4, 1966 informed the respondents that their application for execution of construction work in r