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2007 Supreme(Del) 440

SWATANTER KUMAR, H.R.MALHOTRA
Virender Gopal – Appellant
Versus
Municipal Corporation of Delhi – Respondent


Advocates Appeared:
Kuldeep Kumar, for Appellant.

Judgement

SWATANTER KUMAR, J. :- Virender Gopal, plaintiff (appellant herein), filed a suit for mandatory injunction against the defendant-Corporation of Delhi to remove the roads, sewage lines, drainage and other things done on the suit property. This suit for injunction was founded on the averments that the plaintiff-appellant was the owner of the suit property to the extent of one-half share in the property bearing khasra numbers 775 to 796, 810, 813, 814, 817, 818, 2047 and 2062 in the revenue estate of Village Tihar, Delhi. It is alleged by the appellant that without giving any notice acquiring land in accordance with law and paying compensation to him, the Corporation took forcible possession of the land and started illegal construction of the above roads, sewage, drainage systems etc. The plaintiff-appellant had earlier filed a suit for injunction bearing No. 200/1976 which was stated to be pending at the time of filing of the subsequent suit bearing No. 103/1979. The plaintiff served a notice upon the Municipal authorities on 16-4-1979 for payment of damages to the extent of Rs. 9000/- per month with interest, which request was not acceded to by the authorities. Compelled wi































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