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1987 Supreme(Del) 269

JAGDISH CHANDRA, R.N.AGGARWAL
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
DALMIA DAIRY INDUSTRIES LIMITED – Respondent


Advocates Appeared:
D.AGARWAL, DINESH AGNANI, F.S.NARIMAN, G.RAMASVAMY, J.M.SABHARWAL, K.KUMARAMANGALAM, S.B.GHOSH, S.C.VERMA, T.K.GANJU

Aggarwal,j.

( 1 ) THE controversy in this petition sine, , the remand of thecase by the Supreme Court by its order dated 23/03/1987, stands verymuch narrowed down. The whole dispute upto the date of the remand of thecase by the Supreme Court was whether khasi-a No. 352/2 Min. and part ofkhasra Nos. 563 and 564 situated in village Bijwasan are or are not locatedwithin the village extended Abadi (firni ). The case of the respondent Dalmiadairy Industries Ltd. , the alleged builders, was that the aforesaid khasranumbers are located within the village extended abadi and, therefore, areexempted from the building bye-laws and provisions of sections 332 to 336,section 342 and section 347 of the Delhi Municipal Corporation Act, 1957 (hereinafter called the said Act ). The above exemption was claimed underthe notification dated 24/08/1963 made effective from 19/11/1959 (annexure P-5atpage64 of the paper book ). By means of the saidnotification the Municipal Corporation of Delhi by virtue of the powersconferred on it by sub-claused) of clause (b) of section 507 of the said Acthad exempted the rural areas from the provisions of the said Act mentionedin column 2 of the schedule given in the
















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