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2012 Supreme(Del) 499

A.K.SIKRI, RAJIV SAHAI ENDLAW
Amit Gupta – Appellant
Versus
MCD – Respondent


Advocate Appeared:
For the Petitioner:Ravinder Sethi, Sr. Adv. Gaurav Sarin, Ms. Charul Sarin & Ajay Baury, Advocates.
For the Respondent:Dev P. Bhardwaj & Ms. Anubha Bhardwaj for MCD. Mr. Ajay Verma & Mukesh Kumar, for DDA, Advocates.

JUDGMENT

RAJIV SAHAI ENDLAW, J

1. The 44 petitioners claim to be owners in possession of various shops in the building known as Diamond Mall constructed over three plots of land bearing No.2679, 2680 and 2691 Gali No.1-2, Beadon Pura, Karol Bagh, Delhi. They claim to be carrying on trade / sale of jewellery items from the said shops. They further claim to be subsequent purchasers of their respective shops and not the owners of the plot or developers of the construction on the said plot. They claim the following reliefs in this writ petition:-

“(a) Writ in the nature of CERTIORARI quashing the Clause 3(x) of “The Building Regulations for Special Area, Unauthorized Regularized Colonies and Village Abadis, 2010” as notified on 17th January, 2011 to the extent the same permits the respondents to frame required Redevelopment Scheme at leisure; (b) Writ in the nature of MANDAMUS directing the respondents to forthwith frame and issue the Redevelopment Scheme in relation to the Commercial Area of Metropolitan City Centre in Karol Bagh (Ajmal Khan Road and adjoining area) identified as Beadon Pura in the approved Land use Plan of Zonal Development Plan of Zone B as notified in the Gazette of



















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