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2012 Supreme(Del) 643

PRADEEP NANDRAJOG, SUNIL GAUR
UOI – Appellant
Versus
Jor Bagh Asscn. Regd. – Respondent


Advocates appeared:
For the Appellant:A.S. Chandhiok, A.S.G. instructed by Jatan Singh, Sachin Dutta, B.V. Niren, Neeraj Chaudhari, Ritesh Kumar & Bhagat Singh, Ms. Maninder Acharya, Advocates.
For the Respondent:R1 -Akshay Makhija, Madan Gera, R2 & R3 -Bhagat Singh, R15 -Lalit Grover & Amarpal, R17-Manu Nayar, R18 -Ashutosh Lohia, Vijay Kishan, with Vikram Jeitly, Ravinder Sethi, Senior Adv. instructed by Puneet Sharma, Kamal Mehta & R.K. Ghawana, P.S. Bindra, & Ms. Shweta Priyadarshini, M.A. Niyazi, Tarkeshwar Nath, & J.P.N. Shahi, Mukul Gupta, Senior Adv. instructed by Dr. Rakesh Gosain & Anchit Sharma, A.S. Chandhiok, A.S.G. instructed by Himanshu Bajaj, Jatan Singh, Neeraj Chaudhari, Advocates.

JUDGMENT

PRADEEP NANDRAJOG, J.

1. LPA No.415/2005 lays a challenge to the judgment and order dated 9.7.2004 pronounced by a learned Single Judge of this Court allowing WP(C) No.1458/1984, in which writ petition, of the 4 prayers made, only first 3 were pressed during arguments and in respect whereof 3 reliefs were granted. The 3 prayers which were pressed read as under:-

“(a) Grant a writ, direction or order in the nature of prohibition restraining the respondents from recovering/levying damages on the properties of the petitioners without any authority of law;

(b) Grant a writ of mandamus directing the respondents to disclose the principle/basis on which such damages are levied.

(c) To declare the respondents cannot impose penalty under the garb of regularization charges.”

2. The 3 directions issued by the learned Single Judge read as under:-

“(i) The alleged unauthorized construction in respect of the lease-hold property belonging to the petitioner No.17 cannot now be demolished;

(ii) The lease in respect of the petitioner No.17’s lease-hold property does not provide for the imposition of any damages by L&DO for temporary regularization of the alleged unauthorized construction.

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