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2006 Supreme(Del) 428

MADAN B.LOKUR, MARKANDEY KATJU
G. BLOCK RESIDENTS WELFARE ASSOCIATION AND ANR. – Appellant
Versus
O. P. WADHWA AND ORS. – Respondent


MARKANDEYA KATJU, C. J.

( 1 ) THIS writ appeal has been filed against the impugned judgment of the learned Single judge dated 30. 11. 2005. Heard learned counsel for the parties and perused the record.

( 2 ) THE prayer in the writ petition was for a mandamus directing the respondents not to obstruct the petitioners to build up their driveway/boundary wall as per the sanctioned plan of the property over the land allotted to them by lease deed dated 26. 5. 1971. The petitioner has also prayed for a mandamus restraining the respondents from making any construction on the strip of land measuring 22. 6 ft. x 120 ft. in width on the eastern side of the petitioner house. Petitioner also prayed for a direction for demarcation of the property as per the lease deed and the sanctioned plan of the petitioner.

( 3 ) THE facts of the case are that the Land and Development Officer (L. and D. O.) had leased out a plot of land having demarcation admeasuring 1067 sq. yards situated at Plot no. DD-13 in Kalkaji Rehabilitation Colony, New delhi to Shri O. P. Bhasin vide lease deed dated 26. 5. 1971. On the death of Shri O. P. Bhasin, same was substituted in the name of his legal heirs. The legal heirs




























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