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2016 Supreme(Del) 1180

RAJIV SAHAI ENDLAW
ASHA CHITKARA – Appellant
Versus
NORTH DELHI MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant : Mr. R.K. Saini and Ms. Minal Sehgal, Advs.
For the Respondent: Mr. Nikhil Rohatgi, Adv.

JUDGMENT :

1. The petitions (i) impugn the refusal of the respondent North Delhi Municipal Corporation (NrDMC) to grant lease hold rights to the petitioners with respect to the shops No. 2 and 1 respectively in MCD Market, Karol Bagh, New Delhi licensed to the petitioners; (ii) seek to restrain the respondent NrDMC from taking any coercive action for the eviction/dispossession of the petitioner from the said shops till leasehold rights therein are granted to the petitioners; and, (iii) seek mandamus to the respondent NrDMC to grant leasehold rights with respect to the shops licensed to each of the petitioners.

2. The petitions were entertained though interim relief of stay of proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 (PP Act) initiated against the petitioners was refused. Counter affidavits have been filed by the respondent NrDMC and to which a rejoinder has been filed by the petitioners. The counsels for the petitioners were heard and judgment reserved on 13th July, 2015. Thereafter the petitioners moved applications informing that the proceedings initiated against the petitioners under the PP Act had resulted in order of eviction being pass





































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