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1976 Supreme(Del) 78

H.L.ANAND
SAHIB DAYAL CHAMAN LAL – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
CHANCIER NIJHAVAN, R.P.SHARMA, Uma Jain

H. L. Anand

( 1 ) BY this petition under Article 227 of the Constitution of India, the petitioner, an appellant in the appeal out of which it has arisen, challenges an order of the appellate court declining to grant ex-parte injunction to the appellant even while admitting to hearing the appeal of the appellant against the order of trial court, dismissing an application of petitioner for an injunction to restrain the Corporation from demolishing the premises in dispute during the pendency of this suit for a permanent injunction.

( 2 ) ACCORDING to the petitioner, the petitioner obtained on lease a piece of land on Deshbandhu Gupta Road, Paharganj, on which a structure was raised, which was destroyed in March 1972 in a fire which devastated a large number of other structures in the vicinity. According to the petitioner, the super-structure was repaired by the petitioner and a large number of other stall holders, who were members of the stall holders Association, on the assurance of the authorities, and when the super-structure was sought to be demolished, the petitioner challenged the notice of demolition before the Additional District Judge in appeal which was eventually accepted an










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