Shri Chandra Prakash Rai ... vs Municipal Corporation Of Delhi
2000 Latest Caselaw 914 Del

ORDER

KHAN, (J)

1. Petitioner claims to be the owner in possession of 300 Sq.yds. of land comprising Plot No. 24 and half portion of Plot N0. 25, a house constructed over it at Harikrishan Nagar colony, New Delhi. He alleges that officers of MCD suddenly started demolishing his house on 3.8.1998 without serving notice to him and he thereafter filed a Suit No. 549/98 for permanent injunction in which Civil Judge declined to grant ex parte injunction against which he took an appeal (MCA 53/98) before the A.D.J who passed order dated 12.8.1998 directing maintenance of status quo on site. His grievance is that ADJ vacated the order next day i.e on 13.8.1998 without any cogent reason.

2. Perusal of the impugned order shows that respondent did not file any reply to application for ad-interim relief and the appellate court straight away accepted the oral version of respondent alleging that petitioner had blocked the road by raising construction which was cleared.

3. It appears that appellate court had vacated the interim order passed on 13.8.1998 in haste and without waiting for reply from the respondent. On the other hand it had relied upon the version given by the respondent which was not supported by any affidavit or material to vacate the interim order. Even if it was assumed that respondent-MCD had cleared the road still it would have been appropriate to maintain status quo on spot to protect petitioner against any further demolition at site. The revision petition is accordingly allowed and order dated 13.8.1998 vacating the interim status quo order is set aside. Part as to maintain status quo on spot as on the date of Appellate court order and respondent shall have one month to file reply to petitioner-appellant's application for ad-interim relief and it shall open to the Appellate court to pass appropriate orders in the matter in accordance with law.