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2023 Supreme(Online)(DEL) 6856

HIGH COURT OF DELHI
SUNIL B. SHARMA & ORS. – Appellant
Versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS. – Respondent


JUDGMENT

TARA VITASTA GANJU, J.:

1. The present Appeal has been filed assailing the validity of the Judgment dated 31.08.2020 passed by the learned Single Judge [hereinafter referred to as “Impugned Judgment”] whereby the learned Single Judge disposed of the Writ Petition filed by the Appellants.

2. The challenge briefly arises in respect of the Right of Way [hereinafter referred to as “ROW”] and its measurement in respect of a portion of the Outer Ring Road which forms part of Kalkaji Colony in the vicinity of Nehru Place, New Delhi.

3. The Appellants are residents of Kalkaji and owners of plot no. CC-

23, Kalkaji, New Delhi-110019, who made various representations with respect to illegal constructions made by their neighbour, i.e., Respondent No. 3 who resides at Plot No. CC-24, Kalkaji, New Delhi-110019 [hereinafter referred to as “said property”].

4. The Appellant's had initially filed a Petition before the learned Single Judge seeking quashing of the building plan as sanctioned by the Respondent No. 2/MCD as well as in respect of other approvals granted to Respondent No. 3 with respect to said property. By the impugned judgment, this challenge was repelled by the learned Single Judg

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