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Shiv Kumar Chadha Etc. Etc vs Municipal Corporation Of Delhi And Ors on 4 May, 1993

(b) In the present case, considering the totality of the facts and circumstances of the case, in view of material placed on record and in view of aforesaid detailed discussion as well as considering the ratio decidendi in cases titled as Manmohan deceased through LRs Vs MCD 68 (1997) DLT 801, Dr. Ms. R. A. Bhujwala Vs MCD 1996 RLR 320, Bahu Ram Prakash Chandra Vs Antarim Zila Parishad AIR 1969 SC 546 (wherein it was observed that bar of alternative remedy would not apply when the impugned order is passed in apparent violation of principles of natural justice), Harkishan Lal Vs Jain Textiles Trader 1994 RLR 88, Shiv Kumar Chaddha Vs MCD & Ors., 1993 (3) SCC 161 (wherein it was held that though the regulations and Bye laws in respect of building are meant to serve the public interests, but at the same time, it cannot be held that in all circumstances, the authorities entrusted with the demolition of unauthorized construction have exclusive power to the absolute exclusion of the power of S.No.27/09/99 ..... 31/33 32 the court are applicable in facts of the circumstances of the present case.
Supreme Court of India Cites 39 - Cited by 482 - N P Singh - Full Document
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