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Municipal Corporation Of Delhi vs Surjit Kaur on 27 October, 1971

22. Admittedly prior to the year 1957 the Punjab Municipal Act was in force and the NDMC was the administrator and in charge of the disputed property. Thereafter the area under dispute had been transferred to the MCD after the enactment of the Delhi Municipal Corporation Act 1957. It is not the contention of the appellant that there was no valid transfer of the liability from the NDMC to the MCD. The MCD had taken over the administration of the disputed area i.e. the area falling in the Sunder Nagar Market area with effect from 1957. There is no evidence to show that this construction was prior to 1957; the first Appellate Court had endorsed the finding of the Trial Judge on issue no.2 that the testimony of the witnesses of the defence had proved that the unauthorized construction was made after 1957. As such the judgment reported in Surjit Kaur (supra) would have no application in which case admittedly the unauthorized construction had been incurred prior to the year 1957.
Delhi High Court Cites 5 - Cited by 9 - Full Document
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