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2021 Supreme(SC) 523

HEMANT GUPTA, V.RAMASUBRAMANIAN
New Delhi Municipal Council – Appellant
Versus
Ganga Devi – Respondent


Advocates appeared:
For the Appellant(s) :Yoginder Handoo, Ashwin Kataria, Advocates
For the Respondent(s):Aarthi Rajan, B. V. Balaram Das, Raghav Bhalla, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. This order shall dispose of four appeals arising out of an order dated 6.4.2009 passed by the Division Bench of the High Court of Delhi in the Letters Patent Appeals.

2. Since the facts in all the appeals are similar, for facility of reference, facts from Civil Appeal No. 310 of 2015 are referred herein. A show cause notice dated 11.3.2004 was issued to respondent no.1, 1[Hereinafter referred to as the ‘occupant’] alleging sub-letting and unauthorized construction in a stall located at Baba Kharag Singh Marg, New Delhi on the basis of a survey conducted on 4.3.2004. A reply was filed that the shop was allotted to Smt. Maheshi Dhoundiyal and the same was sublet in the year 1999 to the occupant. Smt. Maheshi Dhoundiyal transferred the shop in favour of the occupant in the year 2000 and therefore, the occupant claimed ownership of this property. In addition, the occupant relied upon the Circular dated 25.7.1996 as well as the policy adopted by the Government in pursuance of the Cabinet decision dated 31.8.2000 whereby occupants of the shops in the 14 specified markets were resolved to be granted ownership rights. Thus, the occupant claimed that there cannot

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