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1989 Supreme(SC) 526

M.N.VENKATACHALIAH, RANGANATH MISRA
N. D. M. C. – Appellant
Versus
Statesman LTD. – Respondent


Advocates:
DALVIR BHANDARI, HARISH N.SLAVE, K.J.JOHN, KAPIL SIBAL, MANOJ PRASAD, P.S.NARASIMHA, SOLI J.SORABJI

Judgment

VENKATACHALLAH, J.:- The New Delhi Municipal Committee (NDMC) seeks special leave to appeal to this Court from the order dated 28-4-989,* of the High Court of Delhi in Civil Writ Petn. 3090 of 1987. In the writ petition, Statesman Ltd., and its Managing Director, Respondents 1 and 2 respectively herein, sought to impugn the decision of the NDMC dated 18-2-1987, declining to sanction the Revised-plans for the construction of "Statesman-House" - a high-rise building on plot No. 148, Barakhamba Road New Delhi, of which the first respondent is the lessee. The High Court allowed the writ petition and directed the NDMC to convey its formal sanction of the building-plans on or before the 5th day of May, 1989.

* Reported in (1989) 2 Delhi Lawyer 232

The NDMC assails the decision of the High Court on grounds, principally, that the plans for the multi-storeyed high-rise building, as proposed by Statesman Ltd., did not, in the matter of the fire-safety requirements, accord with the mandatory requirements of the Statutory Building Bye-laws promulgated under the Punjab Municipal Act 1911, in relation to the Union territory of Delhi and that the proposed-building did not also provide for a





















































































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