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2005 Supreme(Del) 900

SANJAY KISHAN KAUL
Ramesh Chand Aggarwal – Appellant
Versus
MCD – Respondent


Advocates:
Advocate Appeared:
Mr. Sandeep Sethi, Senior Advocate with Mr. P.S. Bindra, Advocate for the Petitioner.
Mr. Ashok Bhasin, Adv. for the Respondent.

Sanjay Kishan Kaul, J.

1. The plaintiffs claim to be the joint owners of a freehold plot of land bearing number 41, Category III, Group A, admeasuring 401.34 square yards located in Kalindi Colony, Village Kilokri, New Delhi in pursuance to a registered sale deed dated 05.08.1986. The plaintiffs purchased the plot from one Smt. Laxmi Dewan, who in turn had purchased it from one Smt. Raj Kumar. Smt. Raj Kumar was the original allottee of the plot of land having purchased it from Swatantra Cooperative Housing Building Society Limited vide a sale letter dated 07.10.65.

2. The society had submitted a layout plan for sanction to the Standing Committee of the MCD and the layout was sanctioned by the Resolution number 11 dated 01.10.58. The total land area was 20 acres, out of which area allotted for residential plots was 13.1 acres, for roads was 4.4 acres and that covered for parks and open spaces was 1.2 acres: The sanctioned lay out plan is stated to have irregular boundaries with the result that there was no proper approach roads to certain plots the Society negotiated with its neighbour Central Road Research Institute for exchange of land and such exchange of land having been agreed u












































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