D. D. Mittal & Ors. vs Union Of India & Ors. on 16 October, 2000

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Supreme Court of India
D. D. Mittal & Ors. vs Union Of India & Ors. on 16 October, 2000
Equivalent citations: 2000 (7) SCALE 217
Bench: G B Pattanaik, U C Banerjee


1. These Special Leave Petitions are directed against the judgment of the Division Bench of the Delhi High Court dated 21.8.2000 in a Public Interest Litigation in relation to a building called Chavan Rishi Apartments. Having heard Mr. Sudhir Chandra extensively for the builder and Mr. Chidambram, the learned senior counsel for the Flat Buyers Associations, learned Additional Solicitor General for the D.D.A. and the learned Counsel appearing for the person moving the Delhi High Court in the Public Interest Litigation and on going through the file containing the order of the then Minister of Urban Development, we are of the considered opinion that no case has been made out for our interference under Article 136 of the Constitution, particularly when it has been held that Rati Ram, original purchaser obtained the sale deed by effecting forgery and fabrication. That apart the proceedings of the Delhi Legislative Assembly, which constituted a committee to probe into the various aspects of the multi-storeyed building called the Chavan Rishi Apartments in Model Town area shows that the committee came to the conclusion that a great forgery has been committed, and had further recommended that the Government should take stringent action against such persons, who flouted the law and connived with the alleged seller and purchasers of the land. Mr. Chidambram, no doubt, submitted with his usual persuasiveness that so far as the buyers are concerned with the relevant documents on record they must be held to be protected Under Section 41 of the Transfer of Property Act, but we are unable to persuade ourselves to accept the said submission. In the facts and circumstances of the present case, and in our opinion, this should be an eye opener to the builders as well as the intending purchasers of flats in the Municipality of Delhi. We decline to interfere with the impugned order. The Special Leave Petitions are dismissed. Interim orders stands vacated.

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