In a recent judgement by the Delhi High Court, Ahmad’s suit seeking injunction against the builder of an unauthorized building was dismissed. The petitioner, Ahmad, had purchased the property based on an Agreement to Sell but encountered legal challenges due to the building’s unauthorized status. Stay tuned to learn more about the court’s decision and its implications on this case.
Facts
- Ahmad filed a suit seeking injunction against the respondent No 6
- The suit was dismissed by the District Court on 27.04.2022
- MCD opposes the grant of interim relief at this stage
Arguments
- The learned counsel on behalf of the MCD argued that the building is unauthorized.
- Notices were given to the respondent No 6, who was the builder of the suit premises.
- Due process under the DMC Act was followed.
Decision
- Petitioners purchased the property based on an Agreement to Sell.
- They do not have settled entitlement in the suit premises.
- The petitioners are bound by the proceedings against Original Name 6.
Case Title: NAGMA SHEERIN AND ORS Vs. MUNICIPAL CORPORATION OF DELHI AND ORS (2024:DHC:4754)
Case Number: W.P.(C)-8641/2024