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2016 Supreme(Del) 4610

V.K.SHALI
Balendu Lohiya – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Ms. Geeta Luthra, Senior Advocate with Ms. Shivani Luthra Lohiya and Ms. Shreya Singh, Advocates for Appellant.
Ms. Anjana Gosain & Mr. Vishu Agrawal, Advocates for R-1 Mr. Ajay Verma, Advocate for DDA Mr. Anand Yadav and Mr. Ajeet Prasad Aggarwal, Advocates for respondent Nos. 5, 8 (i to iii) and 9 (i to iv)

V.K. Shali, J.

1. This is an execution first appeal filed by the appellants against the order dated 09.12.2013 passed by the learned Additional District Judge-V, Central District, Tis Hazari Courts, Delhi accepting the objections of the DDA and dismissing the Execution Petition No. 22 of 2013 filed by Balendu Lohiya and Another (appellant herein).

2. Before dealing with the submissions made by Ms. Geeta Luthra, the learned senior counsel for the appellants, it would be pertinent here to give the brief background of the case.

3. So far as the appellants are concerned, they along with respondents No. 5 to 9 in the suit bearing No. 170/2004 titled Balendu Lohiya & Ors. v. Union of India and Ors. in the first instance filed a writ petition in the Delhi High Court for allotment of an alternative plot of land on account of acquisition of land belonging to one Shri Harish Chand Lohiya, their predecessor-in-interest. The said writ petition was disposed of with the observations that the matter involved appreciation of facts and could not be looked into by the writ court. An SLP against the said order was also taken out which was also disposed of on 27.01.1987 with the direction that the approp

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