Judgment

J.M. Panchal, J. —

1.Leave granted in both the special leave petitions.

2.These appeals are directed against common Judgment dated May 19, 2004 rendered by the Division Bench of the High Court of Delhi at New Delhi in C.W.P. No.4154 of 2000, whereby it is held that the Order rejecting building plans submitted by the respondents is illegal as well as without jurisdiction and declared that the building plans submitted by the respondents, are deemed to have been sanctioned under Section 241(2) of the New Delhi Municipal Council Act, 1994 (for short “NDNC Act”). Further, the New Delhi Municipal Council is directed to return the building plans submitted by the respondents with an endorsement “sanctioned” within the time specified in the Order.

3.The relevant facts emerging from the record of the case are as under :

The disputed plot was leased to one Shri R.B.L. Teerath Ram on March 9, 1923. The plot was thereafter mutated in the name of M. Rai and Sons on September 2, 1958. A portion of the plot, which was lying vacant, admeasuring 5000 sq. yards was carved out and numbered as Plot No.47. It was mutated in the name of Sardar Harcharan Singh Duggal on March 4, 1976. The opening of t