( 1 ) ABOVE noted two appeals are directed against the judgment dated 1st June, 1984 passed by the learned tingle judge of this Court, allowing the writ petition of Respondents 1 to 7 (for short, the contesting Respondents), thereby quashing the letter dated 10th, May, 1974 issued by the Municipal Corporation of Delhi (for short M. C. D.), the Appellant in LPA No. 91/84, directing it to sanction the building plans to construct a cinema hall on the plot of land measuring 4166. 70 sq. yards, Shankar Road, Rajindra Nagar, (for short, the plot ). Further directing the Delhi Development Authority (for short D. D. A) the Appellant in LPA No. 99/84, not to show the plot, in the zonal development plan, as an open park prepared under the Delhi Development Act, 1957, and directing Union of lndia,not to pass any such plan, if submitted by the D. D. A. , affecting the said plot. It may be noticed here that vide order dated 3. 1. 95 this Court had allowed Gulmarg Builders (Pvt. Ltd.) and others, the applicants in CM No. 1/95 to contest the appeal in place of Respondents No. 1 to 7.

( 2 ) FACTS giving rise to the appeals briefly are: that the contesting Respondents inter- alia filed the writ petition (CW No. 725/75) challenging the order dated 10th May, 1974 of the Appellant/m. C. D. , rejecting the building plans for construction of cinema on the said plot, impleading D. D. A. , Delhi Transport Corporation and Union of India as parties. It was alleged: that the predecessors of the contesting Respondents (hereinafter the lessees or the auction purchasers) were settled at Rawalpindi (now in Pakistan), prior to 1947: They migrated to India as displaced persons. Government of India (Ministry of. Rehabilitation), for resettlement of displaced persons, acquired land and developed various colonies and one of such colony was rajindra Nagar, priding residential houses, commercial centers, parks and streets. Same plots of land were also sold by public auction to such persons: On 11th November, 1954, the said plot was auctioned in Rajindra Nagar. The lessees offered highest bid of Rs. 2,66,550. 00 , the same was accepted; 10% of the sole consideration was paid on the spot, balance was adjusted against their verified claims, for the properties left in Pakistan: on 4th October, 1956, Government of India executed a 99 years lease, in respect of the said plot in favour of the lessees for construction of a cinema building thereon. There was a discrepancy in the lease deed, as instead of commercial plot, residential plot was mentioned in the lease: when the same was brought to the notice of the Government, a fresh lease was executed in favour of the lessees on 17th September, 1963, Prior to that OB 14. 7. 1961 vide letter No. 3194-B the Appellant/m. C. D. had sanctioned construction of a cinema building on the said plot, by the lessees. After the plans were sanctioned and before construction could start Resident s Association of the area had filed a suit for injunction (No. 442/62) against the Appellant/m. C. D. and the lessees, seeking permanent injunction against the construction of cinema, on the said plot, which was ultimately dismissed on 27th January, 1966. On 2nd November, 1972 the lessees noticed that a bus stand was being constructed by the Appellant /m. C. D. and Delhi Transport Corporation (for short D. T. C.) on the said plot, consequently they filed a suit for permanent injunction, restraining the Appellant/m. C. D. and D. T. C. from constructing any structure on the said plot, which was decreed against the Appellant/m. C. D. and D. T. C. on 5th November, 1980.

( 3 ) IT was further alleged that in the meantime, as validity of the sauctioned plans dated 14. 7. 61 referred to above, had expired therefore, in 1989 fresh plans for construction of cinema building on the said plot, were submitted, but this time the same were rejected by the Appellant/m. C. D. inter-alia on the grounds:- (i) that the plot in question was shown, a