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1977 Supreme(Del) 37

AVADH BEHARI ROHATGI
VISHAL BUILDERS PRIVATE LIMITED – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
AMARJIT SINGH, B.M.Singh, D.R.GUPTA, Keshav Dayal, L.M.Sanghvi, RAM PAUL

( 51 ) COUNSEL for the Authority then argued that the Builders had also purchased plots 35 and 36 and therefore they are estopped from raising objections with regard to plots 39, 40 and 41. I do not agree. The Builders for all we know may be prepared to take risk with regard to plots 35 and 36 if there is any defect in title. That will not prevent them from challenging the action of the Authority in respect of the three plots in question. The second question : Nature of the land

( 52 ) THE case of the Builders is that three plots 39, 40 and 41 from part of Nazul land and the Authority have no right to sell them. This is their additional ground of attack. It is proved in evidence that by a gazette notification dated August 30, 1963 (Ex. D-37) in pursuance of the provisions of sub-section (1) of s. 22 of the Act and by virtue of the power of the Central Government delegated to him by the President, the Chief Commissioner, Delhi placed at the disposal of the Authority for the purpose of development in accordance with the provisions of the said Act, the Nazul lands described in the schedule on the terms and conditions agreed to by the Authority in its Resolution No. 114 dated May 10, 19


































































































































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