MUNICIPAL CORPORATION OF DELHI Vs. KAMLA BHANDARI

JUDGEMENT

(1.) This judgment will dispose of L.P.A. 143-D of 1965 and L.P.A. 138-D of 1965. The former is an appeal by the Municipal Corporation of Delhi, its Stading Committee and the Town Planner, while the latter is an appeal by the Chief Commissioner, Delhi. Both these appeals have been filed against the judgment and order dated 7/10/1965, of Sharma. J. in Civil Writ No. 211-D of 1962.

(2.) This writ had been filed by Shrimati Kamla Bhandari and Shrimati Kaushalya Devi, hereinafter referred to as "the respondents", in the Circuit Bench of the Punjab High Court at Delhi, against (1) the Chief Commissioner, Delhi; (2) Commissioner, Municipal Corporation, Delhi; (3) Standing Committee, Municipal Corporation, Delhi; (4) Town Planner, Municipal Corporation, Delhi; (5) Delhi Development Authority, New Delhi, for an appropriate writ for quashing a notification dated 24/10/1961 issued by the Chief Commissioner, Delhi, under section 4 of the Land Acquisition Act, 1894, for acquiring Khasra Nos. 373, 374, 494/375 of village Kharera, Tehsil Delhi, Delhi belonging to the respondents and for quashing resolution No. 1519 of February 9, 1962 of the Standing Committee of the Delhi Municipal Corporation whereby the layout scheme submitted by the respondents in respect of the said land and others had been rejected. It was also prayed that the aforesaid authorities be prohibited from interfering in any manner whatsoever with the respondents' rights in respect of the said land and from utilising or otherwise dealing with it.

(3.) The writ was allowed by Sharma, J. and it was directed that the appellants should not interfere in any manner whatsoever with the rights of the respondents in respect of the said land and from utilising or otherwise dealing with it or the layout plan. By an order dated 18/7/1969, passed during the pendency of these appeals, R. P. Kapur was added as a Respondent 1n the two appeals as a portion of the said land had been gifted to him by Shrimati Kaushalya Devi.