Delhi Development Authority vs Skipper Construction Company(P) Ltd. & ... on 6 May, 1996
In this regard, even a decision of
the Apex court in the case of Delhi Development
Authority Vs. Skipper Construction, reported in (1996) 4
SCC 622, may be taken note off. In the said decision it has
been held that in disobedience to the order of injunction if
defendant dispossessed the plaintiff, then court is required
to restore the possession to the plaintiff irrespective of
procedural and technical objections. In this case, there is
direction of the High Court of Karnataka, Bengaluru as per
Order dtd. 24.03.2014 to the defendant that it should
50
OS No.26693/2011
demolish the building if same is found to be made in the
suit schedule property. Hence, in addition to granting order
of permanent injunction, facts of this case requires issuing
mandatory injunction to direct the defendant to demolish
the building constructed by it in the suit schedule property
and hand over the vacant possession of the suit property
to the plaintiff. Consequently, Issue Nos.2 and 3 are
answered in the affirmative.