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2023 Supreme(Del) 12157

HIGH COURT OF DELHI
ASHA GUPTA & ANR. – Appellant
Versus
SOUTH DELHI MUNICIPAL CORPORATON THROUGH COMMISSIONER & ORS. – Respondent


J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1. The present writ petition has been filed by Mrs. Asha Gupta and Mr. Jayanta Ghoshal (collectively referred to as the “Petitioners”) who are the owners-in-possession of the First Floor; and Second Floor forming a part of an immovable property situated at Plot No.108, Pocket 40, Chittaranjan Park, New Delhi 110019 (the “Identified Property”) and have filed this present writ petition aggrieved on account of re-development of an adjacent property i.e., an immovable property bearing No. 119 situated at Pocket 40, Chittaranjan Park, New Delhi 110019 (the “Subject Property”) wherein Respondent Nos. 4 and 5 i.e., the joint owners of the Subject Property have demolished the original superstructure on the Subject Property and have commenced construction de novo on the Subject Property(the “Writ Petition”).

2. The brief facts leading to the filling of this Writ Petition are that the Delhi Development Authority (the “DDA”) developed Pocket 40, Chittaranjan Park, New Delhi (the “Identified Land”) by way of plotting the Identified Land for the purpose of a planned residential colony by carving out plots admeasuring approximately 135.45 Sq. Meters, each

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