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2023 Supreme(Del) 892

MANOJ KUMAR OHRI
Gopi Kishan Saraf – Appellant
Versus
Delhi Development Authority – Respondent


Advocates appeared:
Mr.Gautam Das and Mr.Dhirendra Kumar Jha, Advocates, for the Petitioners.
Ms.Puja Kalra, Standing Counsel with Mr.Virendra Singh, Advocate for MCD.
Mr.Kamal Kapoor, Advocate for respondent No.3 to 6.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

1. By way of present petition filed under Article 226 of the Constitution of India, the petitioners have sought following reliefs:

    "A) Issue appropriate writ/ order/direction in the nature of MANDAMUS directing the respondent Nos. 1 and 2 to remove/demolish the illegal and unauthorized construction over the terrace of third floor constructed by respondents no.3 to 6 in BW 65 to BW68 Block, Shalimar Bagh, Delhi;

    B) issue appropriate writ/order/direction in the nature of CERTIORARI thereby quashing the NOC/approval, if any, issued by the respondent no. 1 and or 2 for illegal construction of the lift block with lift and overhead bridge encroaching upon the open courtyard of block NO. BW 65 to 68, Shalimar Bagh, New Delhi as being carried out by respondents No.3 to 6;"

2. Learned counsel for the petitioners submits that the impugned permission/NOC dated 27.03.2018 (hereinafter, referred to as 'the NOC'), granted by respondent No. 2/MCD for installation of lift and connecting bridge in respect of Co-operative Group Housing & Flats build by DDA having number from Flats Nos. 65D to 68D in BW Block, Shalimar Bagh Apartments (SFS) is in complete disregard

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