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2001 Supreme(Del) 1335

MANMOHAN SARIN
CHANDER KISHORE GAUR – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
A.S.GAMBHIR, MINU A.SHAH

MANMOHAN SARIN

( 1 ) WITH the consent of the parties, writ petition is taken up for disposal.

( 2 ) THE petitioner has filed the present writ petition seeking a writ of prohibition against the respondent/mcd from demolishing the petitioner s property In whole or part there of bearing No. B-13/9, krishan Nagar, Village Ghondli, Village Shahdara, delhi-110051.

( 3 ) I have heard the counsel for the petitioner. Counsel for the petitioner Mr. A. S. Gambhir submits before me that the property had been purchased by the petitioner in 1974 and thereafter construction was raised. He candidly submits that there is no sanctioned plan for the property. Counsel for the petitioner submits that in 1984, ground floor portion was leased for the purposes of a kerosene oil depot. He submits that on 28/7/1987, the MCD had sealed portion of 14 ft. X 14 ft. on the ground floor.

( 4 ) PETITIONER claims to have deposited on 23/1/2000 Rs. 15000. 00 as compounding fee. Learned counsel for the petitioner submits that the MCD cannot be permitted to demolish the property after they have charged and received the compounding fee. The petitioner has not produced on record the application, if any, submitted for reg



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