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2015 Supreme(SC) 229

V.GOPALA GOWDA, C.NAGAPPAN
ANIRUDH KUMAR – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates:
Advocate Appeared:
For Appellant: Ms. Purnima Bhat, Adv.
For Respondent: Mr. Vikas Mehta, Adv., Mr. D. N. Goburdhan, Adv., Mr. P. Parmeswaran, Adv., Mr. Rakesh Kumar, Adv.

Judgment

V. Gopala Gowda, J.

This appeal by special leave arises out of the impugned judgment and order dated 16.01.2012 passed by the High Court of Delhi in LPA No. 857 of 2010 in and by which, the High Court, while dismissing the appeal held that this matter does not fall within its writ jurisdiction which requires determination by the High Court.

Brief facts which led to the filing of this appeal are as under:-

2. The appellant is residing on the second floor of D-1 Hauz Khas, New Delhi. Dr. Navin Dang and Dr. Manju Dang, the respondent Nos. 6 and 7 (hereinafter referred to as ‘the respondent-owners’) initially started a Pathological Lab in the name of ‘Dr. Dang’s Diagnostic Centre’ in the year 1995 on the basement and ground floor of the concerned building and later on, in the year 2005-2006 the first floor of the premises was also purchased by them from its owner Mrs. Shanti Chatterjee whereby they expanded the activities of the Pathological Lab even to mezzanine floor and first floor by installing heavy medical equipments to make it fully equipped with the latest technology. When the Diagnostic Centre was started, it employed about 50 people and installed 25 Air Conditioners, two

















































































































































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