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2014 Supreme(Del) 791

RAJIV SAHAI ENDLAW
Ashok Kapoor – Appellant
Versus
Municipal Corporation of Delhi – Respondent


Advocate Appeared
For the Plaintiffs:Jasmeet Singh with Kritika Mehra, Advocates.
For the Defendant:Rahul Srivastava, Suparna Srivastava, Advocates.

JUDGMENT

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






























































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