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2009 Supreme(Del) 13

VIPIN SANGHI
AYODHYA DEVI – Appellant
Versus
DDA – Respondent


Advocates Appeared:
Mr. J.P.Sengh, Senior Advocate with Ms. Garima Kapur, Advocate.
Mr. Gaurav Sarin and Ms. Charul Sarin, Advocates for respondent no.1/DDA.

VIPIN SANGHI, J.

1. By this order I proceed to dispose of the preliminary objection raised by the respondent DDA to the maintainability of the present writ petition on the ground that the petitioners are guilty of approaching the Court with unclean hand, resorting to suppression, concealment and misstatement of material facts and abusing the process of the Court. It is also argued that the jurisdiction being exercised by this Court under Article 226 of the Constitution being discretionary, on account of the aforesaid conduct of the petitioners, this Court should refuse to exercise its said jurisdiction in the matter and dismiss the writ petition without even going into the merits of the case.

2. The present writ petition has been preferred by 28 individuals against the Delhi Development Authority (DDA), respondent No.1 and Kangra Adarsh Cooperative Group Housing Society (respondent No.2) primarily praying for the reliefs that the respondent No.1 i.e. DDA should issue show cause notice, grant personal hearing to each of the petitioners and pass speaking, sealing cum demolition orders before proceeding with the demolition of the unauthorized constructions raised by them, in complianc













































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