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2019 Supreme(Del) 1739

SUNIL GAUR
Karunamay Dharamarth Society Regd – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. Sanjeev Sindhwani, Senior Advocate with Mr. Daleep Dhyani, Advocate
For the Respondent:Mr. Naushad Ahmed Khan, Ms. Saroj Bidawat, Mr. Rajiv Bansal, Ms. Kamna Singh and Ms. Parul Panthi, Advocates

JUDGMENT :

1. In the above-captioned first petition, a mandamus is sought to first three respondents to execute and register a lease-deed in terms of letter of allotment of 24th June, 1985 in favour of petitioner in respect of 4 acres of land, out of land comprised in Khasras No.109 and 185 situated in Village Nasirpur, Delhi (hereinafter referred to as the ‘subject land’) and to hand over the possession of the said land to petitioner-Society.

2. In the Reply Affidavit filed by respondents No.2 & 3, the stand taken is that petitioner-Society had failed to complete all the required formalities and to deposit the lease money for formal allotment of the ‘subject land’. It is also stated in the aforesaid Reply Affidavit that on 24th June, 1985, the Lieutenant Governor of Delhi had decided in-principle to make allotment of the ‘subject land’ on certain terms and conditions and since those terms and conditions were not fulfilled, therefore, there was no execution of the lease-deed. It is also asserted in the Reply Affidavit of respondents No.2 & 3 that possession of 40 Bighas of Gaon Sabha land, which was found vacant out of 91 Bighas and 10 Biswas, was handed over to respondent-DDA and it

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