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2005 Supreme(SC) 326

ASHOK BHAN, A.K.MATHUR
UNION OF INDIA – Appellant
Versus
MAHAJAN INDUSTRIES LTD. – Respondent


ORDER

1. This appeal, by grant of special leave, is directed against the final judgment of the Division Bench of the High Court of Delhi dated 27-10-1998. By the impugned order the High Court has directed the Union of India, the appellant herein (hereinafter referred to as "the appellant") to grant permission for the construction of a multi-storeyed commercial complex at 27, Kasturba Gandhi Marg, New Delhi with reference to the application filed by the respondents dated 23-3-1981, filed on 25-3-1981.

Facts

2. A perpetual lease was executed by the appellants under the Government Grants Act, 1895, granting a perpetual lease of Property No. 27, Kasturba Gandhi Marg, New Delhi to Dr. Raghunath. Under the terms of the lease deed, the lessee could not construct a multi-storeyed building without taking permission from the appellant. The appellant modified the master plan for Delhi in the year 1962, according to which a multi-storeyed commercial a complex could be constructed on the said property and other similarly located properties. The zonal development plan also prescribed for the commercial use of the property in question and other properties in Connaught Place area.

3. Original less




















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