RAJIV SAHAI ENDLAW
Ashok Kapoor – Appellant
Versus
Municipal Corporation of Delhi – Respondent
1. The seven plaintiffs have filed the present suit, pleading;
(i) that the seven plaintiffs are residents of their respective houses on Khajoor Road, Karol Bagh, New Delhi and which stretch of road is barely 200 meters long;
(ii) that the plaintiffs are owners / possessed of or otherwise sufficiently entitled to their respective properties on the said road;
(iii) that the right of way of Khajoor Road has always been 80 ft., as is evident from Notification No.13/46/2006-ud/16071 dated 15th September, 2006 read with Corrigendum S.O. 1511 (E) dated 14th September, 2006 notifying the right of way of Khajoor Road as 24 meters i.e. 80 ft.;
(iv) that as per the Delhi Development Authority (DDA), the right of way means the distance between property line to property line on either side of the road;
(v) that in front of each house on Khajoor Road, on both sides of the road, beyond the right of way is a parcel of land which has been leased to each of the house owners as a “grassy plot”; the lease in respect of grassy plots of the plaintiffs is valid and subsisting;
(vi) that the grassy plots falling in between the row of houses and the right of way are kept open to the sky and the r
State of U.P. Vs. Ata Mohd. (1980) 3 SCC 614
Associated Hotels of India Ltd. Vs. R.N. Kapoor AIR 1959 SC 1262
Municipal Corporation of Delhi Vs. Pradip Oil Corporation 100 (2002) DLT 442 (FB)
Alka Gupta Vs. Narender Kumar Gupta (2010) 10 SCC 141
Deep Chand vs. Kulanand Lakhera 140 (2007) DLT 765
Bandhua Mukti Morcha Vs. Union of India 1984 (3) SCC 161
Hanamantha Ranoji Vs. Sri Mahadev Channabasappa (2000) 6 SCC 120
Mohammedia Coop. Building Society Ltd. Vs. Lakshmi S. Coop. Building Society Ltd. (2008) 7 SCC 310
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