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2016 Supreme(Del) 2232

RAJIV SAHAI ENDLAW
GURU SINGH SABHA – Appellant
Versus
SOUTH DELHI MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant : Mr. A.S. Chandhiok, Sr. Adv. with Ms. Arneena Sharma and Ms. Sweta Kakkad, Advs.
For the Respondent: Mr. Gaurang Kanth and Mr. Sujoy Chatterjee, Adv. for SDMC. Mr. Yash S. Vijay, Adv. for Mr. Sanjoy Ghose, Adv. for GNCTD. Mr. Kush Sharma, Adv. for DDA. Mr. Vinod Kumar Tiwari, Adv. for R-5/UOI.

JUDGMENT :

1. Both petitions concern a plot of land in the layout plan of the residential colony of Greater Kailash, Part-II (GK-II) on which the respondent no.1 South Delhi Municipal Corporation (SDMC) is going ahead with the development/construction of a Community Centre-cum-Club and residential accommodation for its employees. The petitioner in W.P.(C) No.4651/2014 is a Society of the residents of the colony of GK-II which has constructed and manages a Gurudwara adjacent to the said plot of land and has filed this petition objecting to the said development/construction by SDMC inter alia on the ground that the land aforesaid was ear-marked for the purpose of a school and cannot be used for the purpose of a Community Centre-cum-Club and residential accommodation for employees of the SDMC and offering to itself establish a school on the said plot of land. The petitioner in W.P.(C) no.5817/2014 is a Society, also consisting of residents of the colony of GK-II and also objects to the construction/development underway inter alia on the ground that the same would create a concrete jungle to the prejudice of the existing residents of the colony.

2. W.P.(C) no.4651/2014 came up before thi











































































































































































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