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2023 Supreme(Del) 5145

NAJMI WAZIRI
Mahender Kumar Godha – Appellant
Versus
M/o Urban Affairs & Employment – Respondent


Advocates appeared:
Mr. Ankit Jain and Mr. Aditya Chauhan, Advocates, for the Petitioner-1 & 3.
Mr.Rajive Bhalla, Senior Advocate with Mr. Arup Sinha, Mr.Sumeir Ahuja and Ms. Akamnksmha Gulati, Advocates, for the Petitioner-4 & 5.
Mr.Kiritiman Singh, CGSC for UOI with Ms. Vidhi Jain, Mr.Waize Ali Noor, Ms.Kunjala Bhardwaj, Mr. Madhav Bajaj, Advocates. Mr. Tushar Sannu, ASC, for the NDMC.

JUDGMENT

Najmi Waziri, J. This petition seeks the following reliefs:

    "A. Certiorari, quashing the letter dated 14.09.2004 issued by the respondent No.1 consequently the order dated 13.10.2004 alleged to have been passed by the respondent No.2 and communicated to the petitioner by the respondent No.2 vide letter dated 14.10.2004.

    B. Mandamus directing the respondent No.2 to release the sanctioned building plans to the petitioners in regard to their property No. 35, Golf Links, New Delhi.

    C. Certiorari, quashing the notice dated 23.09.2004 bearing No.CA/39/STC/S issued by the respondent No.2."

2. The petitioners' case is that they had applied for sanction of Revised Building Plan of their property bearing No. 35, Golf Links, New Delhi, admeasuring 1,570 square yards abutting a 80 feet wide road (more than 24 meters). The said property had been converted from leasehold to freehold in 2002. The Building Plan was submitted on 06.05.2003 in terms of the previous Building Bye-laws and Master Plan-2001. The plan was sanctioned by letter dated 03.07.2003 and construction ensued. Pursuant to vacation of the stay on Notification dated 23.07.1998 by the Supreme Court on 12.12.2003, additional FAR

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