Supreme Court of India
Delhi Development Authority vs M.L.Aggarwal on 26 November, 2009
Bench: T.S. Thakur, Harjit Singh Bedi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4362 OF 2007
DELHI DEVELOPMENT AUTHORITY ..... APPELLANT
VERSUS
M.L. AGGARWAL ..... RESPONDENT
O R D E R
We have heard the learned counsel for the appellant at length.
We are of the opinion that the finding of the High Court that the allotment would be covered by Rule 17 of the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, appears to be correct as on the date of draw of lots the aforesaid rules had become operative. Moreover, in the light of the fact that on the day when the respondent's wife had sought an allotment of a plot she had not yet been married to the respondent and the respondent has, accordingly, stated that he was unaware of the fact 2 that she owned a plot measuring 35 square yards is a finding which we are not inclined to disturb.
We are thus not inclined to interfere with the impugned order in the peculiar facts and circumstances of the case. The appeal is, accordingly, dismissed.
..................J [HARJIT SINGH BEDI] ..................J [T.S. THAKUR] NEW DELHI NOVEMEBR 26, 2009.
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