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2007 Supreme(Del) 352

J.M.MALIK
MUNICIPAL CORPORATION OF DELHI Through ITS DIRECTOR, SLUM AND JJ WING – Appellant
Versus
SUJAHUDDIN – Respondent


Advocates Appeared:
O.P.SAXENA


J. M. MALIK, J.

( 1 ) THIS is yet another case where the file belonging to the D. D. A. /m. C. D. has not seen the light of the day for the last more than three decades. The file is missing and could not be produced before the Trial Court from 15. 06. 1982 till 10. 02. 1995, when the judgment was delivered against the appellant due to non production of that file. The first appellate court dismissed the first appeal on 04. 10. 2006 for the same reason. Such inaction on the part of the appellant would lead to incalculable damage to the public interest.

( 2 ) THE facts of this case are these. The respondent No. 1 was allotted a plot measuring 80 square meters bearing No. 426, Phase-I, Shahjada Bagh, industrial Area by the D. D. A. in lieu of property occupied by respondent No. 1 bearing No. 1540/xiv, Sarai Khalil, Sadar Bazar, Delhi in the year 1976. The respondent No. 1 was asked to deposit damages in the sum of Rs. 8640/- in respect of the property occupied by him earlier as per letter dated 12. 02. 1981 issued by the Director, Slum and J. J. , D. D. A. , Dr. Ambedkar Marg, Jhandelwan Extension, new Delhi. The said amount was deposited on 13. 03. 1981 vide receipts Ex. P/c and ex.



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