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1990 Supreme(Del) 161

B.N.KIRPAL, C.L.CHAUDHRY
GREATER KAILASH-II WELFARE ASSOCIATION – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Ashok Sagar, D.K.JAIN, F.S.NARIMAN, H.N.SALVE, J.M.SABHARWAL, MAHESHVAR DAYAL, R.N.VERMA, RAVNDER NARAIN, S.S.SHROFF

B. N. Kirpal

( 1 ) RULE D. B.

( 2 ) THE challenge in this writ petition is to a Resolution dated 3rd May, 1989 passed by the Standing Committee of the Municipal Corporation of Delhi followed by a settlement dated 24th July, 1989 between the M. C. D. and respondent No, 3, D. L. F. Universal Ltd.

( 3 ) THE petitioners are a Society consisting of the residents of Greater K. ailash-11. The main contention in the writ petition is that by virtue of the impugned resolution and settlement the rights of the petitioners are being adversely affected inasmuch as a fraud has been played on the public exchequer and the Municipal Corporation of Delhi by showing undue favour to respondent No. 3 at the expense of the welfare of the residents, the specific of grievance of the petitioners is that as a result of the impugned action of the respondents, an area of 3. 65 acres in Greater Kailash II is going to be used for group housing.

( 4 ) BEFORE going into the legal contentions raised by the petitioners, it will be necessary to advert to a few facts.

( 5 ) RESPONDENT No. 3 is stated to be a coloniser. From the facts on record, including the facts as revealed by I he resolution dated 3rd May. 1989, it























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