Full Judgment Text
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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
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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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