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1987 Supreme(Del) 473

P.K.BAHRI
MAHINDER SINGH – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
Asha Takkar, D.S.Narula, K.L.BUDHIRAJA

P. K. Bahri J.

( 1 ) THE petitioners have prayed for issuance of a writ of certiorari for quashing the judgment dated April 26, 1979, passed by Shri D. C. Aggarwal, Additional District Judge, as appellate authority under the Delhi Municipal Corporation Act by which he dismissed the appeal against the demolition order dated November 27, 1978, passed by the Municipal Corporation of Delhi.

( 2 ) ADMITTED facts leading to the filing of this writ petition, in brief, are that the petitioners are owners in possession of property No. 4, Bharat Nagar, Village Khizrabad, New Delhi, which is stated to be part of Khasra No. 13/23. It was the case of the petitioners that they had raised the building somewhere in the year 1947-48 and the respondent could not now demolish on the ground that the building was unauthorisedly constructed in view of Section 195 of the Punjab Municipal Act which was then applicable in Delhi, as no proceedings for demolition took place within six months of completion of the said building. It was averred that a ( show cause notice under Section 343 of the Delhi Municipal Corporation Act (for short the Act ) prior to the passing of the demolition order in question was is






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