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MOHIT GOEL AND ORS v. GOVT OF NCT OF DELHI AND ORS


1. The present petition has been filed under Article 226 of the Constitution of India, 1950, seeking, inter alia, directions to respondent nos. 2 to 4, i.e., Municipal Corporation of Delhi (“MCD”), to comply with their undertaking dated 28th September, 2011, given before the District Court, Tis Hazari, Delhi in Suit No. 274/1988 (New No. 1827/2009), titled as “ModelTown Owners and Residents Society (Regd.) Versus Municipal Corporation of Delhi”, whereby, the MCD had agreed to develop the land facing House Nos. F-14/31 to F-14/36, Model Town-II, Delhi as an ‘ornamental park’. Since the MCD sought to put the land in question to use as a playground for the adjoining government school and the old boundary wall existing therein was sought to be re-constructed, the present writ petition has been filed.

2. The facts, as canvassed in the petition, are as follows:

2.1. The petitioners, in the present case, are the owners of the properties bearing Nos. F-14/31 to F-14/36 facing the land in question, and are members of the Model Town Owners and Residents Society (Regd.), Model Town, Delhi (“Residents Society”).

2.2. As per the said sanctioned site plan, three plots were earmarked for parks/la

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