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2004 Supreme(Del) 924

PRADEEP NANDRAJOG
SATINDER SABHARWAL – Appellant
Versus
N. D. M. C. – Respondent


Advocates Appeared:
ALPANA PODDAR, ANSHUL TANDON, ARVIND NAYAR, GAURAV SHARMA, I.S.Alagh, Kailash Gambhir, MANISH KUMAR, MANU SRIVASTAV, Nitinjya Chaudhary, P.NAGESH, PARASHAR, PAVAN MATHUR, PUSHPENDER CHARAK, Rajesh Mahajan, SANDEEP SETHI, Saroj Bidawat, SAROJ TANDON, SHUBHRA, V.P.SINGH CHARAK, VANDANA MIGIANI

PRADEEP NANDRAJOG, J.

( 1 ) ALL THE ABOVE CAPTLONED PETITIONS PERTAIN to FLATS DEMISED IN PERPETUITY TO THE WRIT petitioners ON THE FIRST AND BARSATI FLOORS OF buildings CONSTRUCTED BY THE GOVERNMENT OF india, MINISTRY OF WORKS, HOUSING AND SUPPLY, department OF REHABILITATION AT KHAN MARKET.

( 2 ) FOR THE SAKE OF BREVITY, REFERENCE TO THE location OF FLATS WOULD BE REFERRED TO AS IN KHAN MARKET.

( 3 ) KHAN MARKET COMPLEX WAS DEVELOPED by THE GOVERNMENT OF INDIA. DOUBLE STOREY complex WAS CONSTRUCTED. ON THE GROUND floor, SHOPS WERE CARVED OUT AND ON THE upper FLOOR, ONLY RESIDENTIAL FLATS WERE CARVED out.

( 4 ) WRIT PETITION NUMBER, FLAT TO WHICH IT pertains AND RELIEF PRAYED IN EACH OF THE petition, MAY BE NOTED :-

(A)WP (C) 5339/02 : it PERTAINS TO FLAT NO. 28. RELIEF PRAYED is THAT NOTICE DATED 17. 1. 2002 BE quashed. SAID NOTICE ISSUED UNDER section 252 OF NDMC ACT, 1994 ALLEGES commercial USE OF FLAT. IT DIRECTS stoppage OF COMMERCIAL USE UNDER PAIN of PAYMENT OF FINE OR IMPRISONMENT. QUASHING OF COMPLAINT DATED 20. 6. 2002 in THE COURT OF METROPOLITAN MAGISTRATE for VIOLATION OF SECTION 252 OF THE NDMC act, 1994 IS ALSO PRAYED FOR. MANDAMUS is SOUGHT DIRECTING Landdo TO ALLOW








































































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