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2023 Supreme(Del) 4789

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Delhi Development Authority – Appellant
Versus
Om Prakash Kapoor – Respondent


Advocates appeared:
Mr. Chetan Sharma, ASG with Mr. Ashim Vachher, Standing Counsel for the DDA and Ms. Shobhana Takiar, Standing Counsel for the DDA along with Mr. Amit Gupta, Mr.Kunal Lakra, Mr. R.V. Prabhat, Mr. Vinay Yadav, Mr. Saurabh Tripathi, Mr. Vikram Aditya Singh and Mr.Kuljeet Singh, Advocates, for the Appellant.
Mr. Harish Malhotra, Senior Advocate with Mr. Rajender Aggarwal and Mr. Anoop Kumar, Advocates, for the Respondent-1 to Respondent-3.

JUDGMENT

Subramonium Prasad, J. The Appellant/DDA seeks to challenge the Order dated 28.09.2022 passed by the learned Single Judge in W.P.(C) 5794/2015. The learned Single Judge vide the said Order allowed the writ petition and directed the Appellant/DDA to execute the lease deed in respect of Plot No. 273, Fruit and Vegetable Market, Okhla Industrial Area, New Delhi, in favour of the original Writ Petitioner for general commercial purpose in accordance with the directions already issued by this Court vide order dated 25.04.2013 passed in W.P.(C) 10616/2009 and as approved in the resolution passed in the 208th meeting of the Screening Committee held on 30.11.1999, as clarified in the communication dated 25.01.2001. As rightly pointed by the learned Single Judge that the original Writ Petitioner has had to repeatedly approach to this Court and despite being obtaining Orders in his favour, he has not been successful in using his property as a commercial office.

2. Shorn of unnecessary details, facts leading to the filing of the instant LPA are as under:

a) The original Writ Petitioner, late Om Prakash Kapoor, was allotted a Plot bearing No.273, Fruit and Vegetable Market, Okhla Indust









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