Sh. L.N. Jaggi & Ors. vs Municipal Corporation Of Delhi
2000 Latest Caselaw 557 Del

ORDER

Mukul Mudgal, J.

1. This is a suit filed by the plaintiff in the year 1992, seeking for a decree of permanent injunction & declaration in respect of the suit premises No. B-71, Greater Kailash Part-I, New Delhi.

2. It is stated that on 10th December, 1980, the plaintiffs have purchased the property No. B-71, Greater Kailash-I, New Delhi, measuring approximately 1,000 sq. yds. by means of a Regular Sale Deed dated 8.12.1980.

3. The name of defendant No. 2 has already been deleted from the array of parties vide Order dated 21st July, 1997. The matter was proceeded ex-parte against defendant No. 1 vide Order dated 17th July, 1995. Thereafter the plaintiffs have filed their evidence by way of affidavit on 13.11.1997, 11.2.1999 and 17.9.1999.

4. The plaintiff No. 1, Mr. L. N. Jaggi, who is one of the co-owners of the suit property, has filed evidence by way of affidavit dated 11th November, 1997 on behalf of all the plaintiffs. The averments made in the plaint have been supported by the said affidavit. The plaintiff has averred in the above-said affidavit that the repairs were carried out strictly in accordance with Bye-laws No. 6.4.1 of the Building Bye-laws, 1983 which require no sanction. The plaintiff No. 1 accordingly says that the repairs were carried out strictly in accordance with the Building Bye-laws. The plaintiff is accordingly entitled to a decree.

5. The plaintiff No.1 has averred in Para 15 of the said affidavit that neither the plaintiffs nor any other member of their family received any 'Show Cause Notice' for demolition or for sealing of the suit premises. The plaintiff No. 1 has further averred that neither any such Notice was ever served on the plaintiffs nor were they given any opportunity of hearing.

6. The plaintiffs have proved the following documents:

      Sl.  Description                   Exhibit Nos.
     No.
     1.   Sale Deed dated 8.12.80       Ex. PW-1
     2.   Site Plan                     Ex.PW-2
     3.   Application dated 10.3.81     Ex.PW-3
     4.   Letter dated 25.3.82          Ex.PW-4
     5.   Letter dated 21.1.92          Ex.PW-5
     6.   Letter dated 24.3.82          Ex.PW-6
     7.   Order of DCP(licensing)       Ex.PW-7
     dated 29.8.1991 
     8.   Inspection Report from        Ex.PW-8
     MCD dated 30.7.1962 
     9.   Letter dated 5.1.81 
     from FCI                      Ex.PW-9
     10.  Letter dt. 16.12.81           Ex.PW-10
     from D.C.P.(licensing)
     11.  Letter dt. 12.3.83            Ex.PW-11
     12.  Letter dt. 23.3.95            Ex.PW-12
     13.  License dt. 3.8.98            Ex.PW-13

 

7. By their affidavit of evidence and the documents exhibited, the plaintiffs have proved the averments made in the plaint. Thus there is no rebuttal of these pleas.

8. Accordingly, the suit is decreed. A Decree of permanent injunction is passed in favour of the plaintiffs & against the defendant restraining the defendant, their employees, officials, officers, agents, assignees, con-

tractors etc. from undertaking any demolition and/or sealing' action against the suit property and/or disconnecting water and/or electricity supply to the suit premises No. B-71, Greater Kailash-I, New Delhi (as shown in Site Plan, Ex. P-2 at Page 46 of the Documents File) except by following the due process of the law applicable and observing the principles of natural justice by giving an prior opportunity of hearing to the plaintiffs. There shall be no orders as to costs. Decree sheet be drawn up accordingly.

9. The suit is accordingly disposed of.