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2007 Supreme(SC) 1140

ARIJIT PASAYAT, S.H.KAPADIA
Aggarwal & Modi Enterprises Pvt. Ltd. – Appellant
Versus
New Delhi Municipal Council – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the Letters Patent Appeal filed by the appellants. Challenge before the Division Bench was to the order passed by a learned Single Judge dismissing the Writ Petition filed by the appellants. Challenge in the Writ Petition was to the order dated 13.11.2001 passed by the respondent-New Delhi Municipal Council (in short ‘NDMC’). By the said order, the appellants were held to be unauthorized occupants of the premises in dispute namely, that of Chanakya Cinema Complex situated in Diplomatic Enclave, New Delhi. Prayer was also to set aside the letter dated 22.1.2002 issued by the NDMC seeking the vacant and peaceful possession of the aforesaid complex. The resolution passed by the NDMC dated 28.8.2001 was also impugned to the extent it allowed the appellants to continue in possession from 1st October, 2000 to 30th September, 2003 only. Prayer was also made for renewal of the lease/licence of the appellants with the usual option for renewing the lease/licence on appropriate terms and conditions. It is to be noted that appellant No.1 (herei



































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