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2012 Supreme(SC) 347

RANJANA PRAKASH DESAI, SWATANTER KUMAR
Chairman & Chief Executive Officer – Appellant
Versus
Mange Ram Sharma – Respondent


Advocates Appeared:
For the Appearing Parties:Ashok Desai, Rakesh Dwivedi, Sr. Advs., Arvind Kr. Sharma, Saurabh Mishra, Praveen Chaturvedi, Ravindra Kumar, Advocates.

Judgment :

1. By judgment and order dated 5/12/2011, this Court disposed of Civil Appeal No.10535 of 2011 and issued following directions:

“(1) That banking or nursing homes or any other commercial activity is not permitted in Sector 19 and for that matter, in any sector, in the development area earmarked for “residential use”.

(2) That the 21 banks and the nursing homes, which are operating in Sector 19 or any other residential sector, shall close their activity forthwith, stop misuse and put the premises to residential use alone, within two months from the date of pronouncement of this judgment.

(3) That lessees of the plots shall ensure that the occupant banks, nursing homes, companies or persons carrying on any commercial activity in the residential sector should stop such activity and shift the same to the appropriate sectors i.e. commercial, commercial pockets in industrial/institutional area and specified pockets for commercial use within the residential sector, strictly earmarked for that activity in the development plan, the Regulations and provisions of the Act.

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(4) That the Development Authority shall consider the request for allotment of alternative spaces to the b






















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