S. Baljit Singh vs International Airport Authority ...
2004 Latest Caselaw 113 Del

JUDGMENT

J.D. Kapoor, J.

1. This is a suit for declaration and permanent injunction, the plaintiffs are the residents of village Bharthal, Tehsil Mehrauli. They have sought the injunction against the defendant No. 1 International Airport Authority of India for restraining them from raising construction on the wall on of the plaintiffs farm house resulting in the closure of the access to the 120 feet wide road to Bijwasan.

2. The stand taken by defendant No. 1 is that the said access is their private property and, therefore, the plaintiff have no locus standi to seek declaration or injunction against them. Now, it is admitted by Counsel for the defendant that the defendant made a statement in the Writ Petition No. 2013/99 and in another two writ petitions that the suit land was proposed to be sold to DDA for the purpose of the extension of the National Highway and, therefore, the question of construction of the wall on the plaintiffs farm houses does not arise.

3. In view of this subsequent development, the access to the 120 feet wide road which is now going to be made available by extending the National Highway cannot be denied to plaintiffs. As such the suit is decreed in terms of prayer (b) of para 20 of the plaint.