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2017 Supreme(Del) 576

INDERMEET KAUR
SANJAY BHARGAVA – Appellant
Versus
NORTH DELHI MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjeev Ralli and Mr. Trinayan Sonowal
For the Respondents: Ms. Puja Kalra, for North DMC/R-1 along with Mr. Vinod Mantoo, Mr. Jeewan Singh, Mr. Virender Singh (Patwari), Mr. Balbir Singh, Mr. Ashwani Garg, Mr. Ravi Gupta, Mr. Ankit Jain, Mr. Sachin Jain and Mr. Naman Sarswat, Mr. Nimesh Chib, Mr. Lalit Gupta, Mr. Dhananjaya Sud, Mr. Siddhartha Arora

JUDGMENT :

INDERMEET KAUR, J.

1. Petitioners (Sanjay Bhargava and Sandeep Bhargava) claim themselves to be the owners of premises/shop bearing No.1470/2 Ward No.2, H.C. Sen Road Fountain, Chandani Chowk, Delhi. This property had been purchased by them vide a sale deed dated 25.11.2011. In front of this shop there is an unauthorized structure existing in the middle of the pathway. The footpath is meant for movement of general public and the same cannot be owned by any individuals. Any structure raised upon it is illegal as this land belongs to the Government. Submission is that this pathway/public space has been encroached upon by respondent nos.3 to 5; this land vests with respondent nos.1 (North Delhi Municipal Corporation). The encroachment on this pathway unauhtorizedly by respondent no.3 (Panna Lal and Sons) and respondent no.4 (legal heirs of Balbir Singh) who are running a Jalebi Shop and a Kulfi Shop respectively is even otherwise without a sanctioned plan. Being wholly illegal it is the responsibility of respondent no.1 and 2 to demolish this illegal structure. Several complaints have been made to the public officials of respondent no.1 but to avail.

2. Learned counsel for the





































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