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1993 Supreme(Del) 440

P.K.BAHRI
E. P. RAILWAY REFUGIS H. B. CO OPERATIVE SOCIETY – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared:
A.K.SIKRI, MUKUL ROHTAGI, RAVI GUPTA, S.K.MAHAJAN, Vikram Dholakia

P. K. Bahri

( 1 ). THIS petition has been brought seeking writ of prohibition restraining respondents from using plot in question for any purpose other than setting up a primary school.

( 2 ). The petitioner is a house building cooperative society and retired government officials are members of this society and this society had been allotted a piece of land measuring 257. 1 Bighas located in village Bahpur vide agreements dated 29. 5. 64 and dated 2. 1. 67, for a total consideration of Rs. 8,71,770. 10 for allotting plots to the members of the society for the purpose of constructing residential houses. A layout plan was got approved from thes-M. C. D. , Respondent No. 4 and the plot inquetion which is 2 acre of land was earmarked for setting up a primary school. It appears that this particular plot has been transferred to the Commissioner of Police for setting up a police station.

( 3 ). The contention of the learned counsel for the petitioner, in brief, is that this layout plan has been prepared in accordance with the Zonal Dev. Plan already notified by the D. D. A. u/s. 8 of the Delhi Dev. Act ( the Act ) and there cannot take place any modification of the said plan unless and unt




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