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2007 Supreme(Del) 330

GITA MITTAL
Raghubir Singh – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: B.T. Singh, Adv.
For Respondents/Defendant:Monica Sharma, Adv. for Anusuya Salwan, Adv., Sujata Kashyap and Chandra Mani, Advs. for Respondent No. 3

JUDGMENT

Gita Mittal, J.

1. This petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 placing its objections to the arbitration award dated 27th May, 2004. So far as the essential facts giving rise to the petition are concerned, there is no material dispute thereto and, to the extent necessary for adjudication of the present petition, the same are noticed hereinafter.

2. The petitioner was allegedly running its business from property bearing No. 1/1142 B-1143, 1st floor, Railway Road, Shahdara. The Union of India and the Government of National Capital Territory of Delhi, in order to cut down the load of traffic on the existing roads and to ensure smooth flow of traffic has conceptualised the `Mass Rapid Transit System. In order to implement this project, it had necessitated evacuation of what was termed as the `Project Affected Persons.

3. The petitioner has submitted that with the intention of rehabilitating such project affected persons, a circular dated 31st January, 2002 was issued by the Government of National Capital Territory of Delhi. As per this circular, a decision dated 10th December, 2001 had been taken by the Cabinet

















































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