Document Fragment View

Matching Fragments

­

1. Vide this judgment, I shall dispose of a suit for permanent and mandatory injunction, filed by the plaintiff.

2. Brief stated the relevant facts of the case are that the plaintiff purchased land measuring 2 bighas 7 biswas out of khasra No. 319, situated in the Revenue Estate of village Nawada, New Delhi­ 110059 from Sh. Vijay Kumar Gulati for valuable consideration on 20th June 1997, vide documents viz. Agreement to Sell, General Power of Attorney, Affidavit, Receipt and Will etc. It is further submitted that plaintiff purchased land measuring 2 bighas 7 biswas out of khasra No. 319, situated in the Revenue Estate of village Nawada, New Delhi­110059 from Smt. Anita Gulati for valuable consideration on 25th April, 1997, vide documents viz. Agreement to Sell, General Power of Attorney, Affidavit, Receipt and Will etc. Thus the plaintiff became owner in possession of land measuring 4 bighas 14 biswas out of khasra no. 319 situated in the Revenue Estate of village Nawada, New Delhi­110059 and he raised a boundary wall around the entire land in the year 1997 and affixed a gate in the boundary wall. It is further submitted that thereafter, the plaintiff demarcated plots on the said land within the boundary wall and sold some of the plots to various persons. The plots so demarcated in the said land are shown in the site plan which are numbered from 1 to 42. The said block was named as Aggarwal Apartments, Sidhatri Enclave, Bhagwati Garden Extension, Post Office Uttam Nagar, New Delhi­110059. Some plots bearing No. 23, 24,25, 28A, 37&38 are still with the plaintiff. The plaintiff is the owner in possession of the said plots. The other plots were sold to close relatives and close friends of the plaintiff. The internal lanes are being exclusively used by the plot holders and the residents of the Aggarwal Apartments. The internal roads are not available for use to the outsiders as the block ins surrounded by a boundary wall from all sides with one gate for ingress and egress which is shown in the site plan marked as A to B. The internal lanes which are 24 fts. wide and 14 fts. wide approx. are closed at the other and which ends are shown in the site plan marked as C to D, D to E and E to F for the purpose of exclusive use of the said lanes by the plot holders and occupants and more particularly for the purpose of security and safety of the residents and property owners of the Aggarwal Apartments, Sidhatri Enclave, Bhagwati Garden Extension, Post office Uttam Nagar, New Delhi. This plot is since 1997. In the year 2001 the defendant no. 1 along with his accomplices in collusion and connivance with local police attempted to remove the wall existing as shown in the site plan annexed hereto and marked as C to D and the gate which was installed at points A to B, forcefully by undue process of law. The matter was reported by the plaintiff to the police station Uttam Nagar vide complaint dated 18.1.2001, duly received by PS Uttam Nagar on 19.1.2001 and with the collective efforts of the plot holders and residents of the Aggarwal Apartments along with plaintiff, the defendant no. 1 and his accomplices could not succeed in their illegal designs and ulterior motives. Again on 16.12.2002 the plaintiff made a complaint to SHO PS Uttam Nagar, Assistant Commissioner of Police, Tilak Nagar, New Delhi, Deputy Commissioner of Police, West District, New Delhi. Since the defendant no. 1 and his accomplices again tried to remove the wall at points C to D and the gate at points A to B so as to create an ingress/egress through that internal lane to the agricultural land belonging to defendant no. 1 and his other family members with the help of goonda elements. Again the defendant no. 1 could not succeed in his illegal designs, malafide intentions and ulterior motives. Now again the defendant no. 1 along with other defendants has started illegal colonization of the agricultural land which is shown in the yellow colour in the site plan whereas no illegal colonization is permissible in accordance with law now a days. Even the Municipal Corporation of Delhi and the local police cannot facilitate any illegal colonization on the agricultural land in the area in question. It is further stated that on 7.11.2006, all the defendants gathered near the gate and called the plaintiff and her husband Sh. Rakesh Aggarwal land threatened them that in case they will not remove the wall existing at point C to D, they will close the ingress to the Aggarwal Apartments from the gate installed at point A to B by raising a wall in front of the gate. When the plaintiff told that she would be approaching the court of law they used abusive language for plaintiff as well as her husband and the local residents of Aggarwal Apartments. Actually, the defendants are doing illegal colonization and are running unauthorised construction on the agricultural land shown in yellow colour and want the used to be extended upon the internal lanes in the Aggarwal Apartments are developed by the plaintiff out of her own funds and the maintenance of such internal lanes is also being done by her from time to time. The Municipal Corporation of Delhi has also laid mettled road only on the road shown at points X­1 to X­2. With efforts made by the plaintiff and the residents of Aggarwal Apartments, the Municipal Corporation of Delhi has also agreed to lay down mettled roads on the internal lanes but due to local political influence they are intentionally not doing so under the influence of the defendants who are local politicians. It is further submitted that the staff who supervise the construction of roads in the area including the road shown at X­1 to X­2 has also refused to cooperate with the plaintiff and the residents of Aggarwal Apartments and are illegally pressuring them to agree to the illegal demands of the defendants, which clearly indicates that they are acting under their influence. The local police is also not hearing to the residents. The plaintiff and her husband had approached the police post Matiala chowki, Uttam Nagar, Delhi and had also given a complaint but he refused to give any acknowledgment. Despite complaints having been made to the police authorities, the defendant no. 1 alongwith his accomplices is repeatedly taking law in his own hands because the police is not taking any action against them and his accomplices and the defendants no. 6 & 7 instead of stopping the illegal colonization and unauthorised construction are aiding the the same despite directions of Hon'ble High Court which are reported in the newspapers also. It is further submitted that the defendant no. 6 is providing all civil amenities like roads, water, facility, electricity supply, street lights, sewerage, drainage etc. in the colonies situate in the agglomeration area of the Aggarwal Apartments, Sidhatri Enclave, Bhagwati Garden Extension, PO Uttam Nagar, Delhi whereas no such facility is being provided to the said area, for political reasons. The Municipal Corporation of Delhi has even provided such facilities in the colonies which have been demarcated and developed by the local colonizers under political patronage, which have been demarcated and developed just during the period of 2­3 years. The Municipal Corporation of Delhi being statutory body is legally duty bound to carry out its statutory functions with fairness, impartially, without any discrimination, with uniformity and transparency. It is further stated that in case the defendants succeed in their illegal designs, ulterior motives and malafide intentions, the plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of money.

3. On the other hand in written statement filed by the defendant No. 3 & 5, it is contended that the suit has been filed against them without any cause of action as they have no concern or connection with the boundary wall in question, gate installed in the said boundary wall and Aggarwal Apartments, Sidhatri Enclave, Bhagwati Garden Extension, PO Uttam Nagar, Delhi. They never tried to demolish the boundary wall or gate as alleged. It is further contended that that the land/property in question was purchased by the plaintiff and plots were demarcated by the her within the boundary wall and sold some plots to various persons. It is admitted that the plots are correctly shown in the site plan; Block was named as Aggarwal Apartments, Sidhatri Enclave, Bhagwati Garden Extension, PO Uttam Nagar, Delhi. It is denied for want of knowledge that some plots bearing No. 23,24,25, 28A & 37 are still with the plaintiff. It is admitted that the internal lanes are being exclusively used by the plot holders and residents of Aggarwal Apartments as the block is surrounded by a boundary wall. It is stated that recently some persons tried to demolish the boundary wall and the gate, but police had come, the boundary wall was restored to its original position by the plaintiff. The defendants have nothing to do with the illegal colonization of the agricultural land being done by defendant no. 1 and they have unnecessarily been involved in the present suit. It is admitted correct that the internal lanes in Aggarwal Apartments are developed and being maintained from time to time by the plaintiff out of her own funds and the job work of metaling the roads by the MCD/DSIDC is in progress. Further the defendant denied all the allegations of the plaintiff which are made in his plaint and prayed that the suit of the plaintiff be dismissed.