B.K.RAMAMOORTHY, DEVENDER GUPTA
SHIV CHARAN – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent
( 1 ) PETITIONER is one of the co-owners with respect to property bearing No. 1 /1, Underhill Road, Civil Lines, Delhi measuring 2544. 80 sq. yards forming eastern portion of larger property measuring 7729. 97 sq. yards belonging to respondents 6 to 9. Petitioner claims to be the owner of the said land measuring 2544. 08 sq. yards along with his wife, elder brother and his wife. The petitioner states that after purchase the petitioner and other co-owners got building plans sanctioned and raised construction for residential use, in accordance with the building plans, after providing necessary set back in accordance with law. The property is stated to have been divided by boundary wall running through the entire length of the plot measuring about 283 ft. , raised with a view to segregate the portions purchased by the petitioner and other co-owners from rest of the portion of the larger plot.
( 2 ) THE case of the petitioner has been that respondents 6 to 10 in collusion with each other and in collusion with the officials of respondents 1 to 5 started raising extensive construction in their portions by constructing as many as 28 flats in subdivided plot known as I /
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