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2013 Supreme(Del) 1195

V.K.JAIN
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
LAL CHAND – Respondent


Advocates Appeared:
Mr Sudhir Nandrajog, Sr. Adv with Mrs Biji Rajesh, Adv.
Mr Praven Chaturvedi, Adv for R-1 Mr Javed M. Rao, Adv for R-2 Mr Ajay Verma, Adv for DDA

JUDGMENT :

V.K.JAIN, J. (ORAL)

There is a dispute between the petitioner-MCD and respondent No.1-Lal Chand with respect to title of plot No. 286-287, Lajwanti Garden, New Delhi. According to the petitioner, the said plot, which was a park, was handed over to it by the Horticulture Department of DDA on 06.06.1988, for being maintained as a park. The case of respondent No.1-Lal Chand, on the other hand, is that the aforesaid property was purchased by him from one Mr Ajit Singh, attorney of four persons, namely, Rohtash Singh, Surender Kumar, Rajender Singh and Lachho Devi, by way of a sale deed executed in the year 2006.

2. A complaint dated 22.10.2010 was made by respondent No. 1 to the Chairman of respondent No.2-National Commission for Scheduled Castes (hereinafter referred to as the Commission), alleging therein that the petitioner-MCD had encroached upon the said plot and developed into a children park. Vide summons dated 14.12.2010, the said Commission informed the petitioner that it had decided to investigate into the representation made by respondent No. 1 and required it to bring the details/documents on the subject. On hearing the Commissioner of the petitioner-MCD, t















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