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1997 Supreme(Del) 681

M.S.A.SIDDIQUI
C. L. BATRA – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
MADHU TEWETIA, R.P.SHARMA

M. S. A. Siddiqui, J.

( 1 ) THE petitioner is an owner of Grindlay Cinema, New Friends Colony, New Delhi. The petitioner applied to the respondent for sanction of certain additions or alterations in the said building. On 8. 4. 1996, the petitioner was informed that the building plan approved by the respondent was lying ready and the same would be released only on furnishing certain documents including a No Objection Certificate from the House-Tax Department. Thereafter, petitioner submitted all the documents except the N. O. C. from the House Tax Department as demanded by the respondent. Inasmuch as the sanction of the building plan was not released, the petitioner has filed this writ petition under Article 226 of the Constitution of India after making several representations.

( 2 ) IT is contended on behalf of the respondent that since petitioner failed to submit the No Objection Certificate from the House Tax Department, sanction of the building plan was withheld in accordance with the executive instructions contained in the office orders dated 2. 7. 1993 and 20. 10. 1993 (Annexure R-1 ). 3. The office orders dated 2. 7. 1993 and 20. 10. 1993 were issued by the Engineer- in-Chief








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