Delhi High Court
Juj Pal Maggo vs State Of Nct Delhi Ors on 20 December, 2021
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20th December, 2021
+ LPA 483/2021
JUJ PAL MAGGO ..... Appellant
Through: Mr. Pallav Mongia, Mr. Ankush
Mangal and Mr. Tushar Srivastava,
Advocates.
versus
STATE OF NCT DELHI & ORS ..... Respondents
Through: Mr. Santosh Kumar Tripathi,
Standing Counsel (Civil) GNCTD
and Mr Arun Panwar, Advocate for
R-1.
Mr. Tushar Sannu, Standing Counsel
with Mr. Nippun Sharma, Advocate
for R-2&3/SDMC.
Mr. Jai Sahai Endlaw, Advocate for
R-5.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPL. 45604/2021 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
LPA 483/2021 & CM APPL. 45603/2021(Stay)
1. Being aggrieved and feeling dissatisfied by the orders dated
16.08.2021, 21.09.2021 and 26.11.2021, passed by the learned Single Judge
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.12.2021
10:35:33
in WP(C) 4335/2021 (Annexures A-1, A-2 and A-3 to the present appeal),
original Petitioner has preferred the present Letters Patent Appeal.
2. We have heard learned counsel appearing on behalf of the Appellant
(Original Petitioner) as well as learned counsels for Respondents No. 1, 2, 3
and 5 and looked into the facts and circumstances of the case.
3. Writ Petition was preferred by the Appellant, seeking the following
reliefs:-
"i. The respondents No.1 to 4 may please be directed
to stop the illegal and unauthorized construction on the
subject property.
ii. The respondents no.1 to 4 may please be directed
to take appropriate action permissible in law against the
already constructed portion of the property raised
illegally and unlawfully without any sanctioned site plan,
that too in active connivance of their officials.
iii. The matter may please be referred to an
independent agency like CBI to fairly and independently
probe the illegal nexus of the officials of respondent no.2
to 4 in intentionally allowing the illegal and
unauthorized construction of the subject property.
iv. The respondent no.2 and 3 may please be directed
to take appropriate action against the erring officials
responsible for the acts of omission and commission qua
the illegal raising of illegal and unauthorized
construction of the subject property.
Any other relief or further order which this
Hon'ble Court deems fit and proper may also be passed
in favour of the petitioner in the interest of justice."
4. It is evident from the documents filed along with the present appeal
that the Appellant has filed a civil suit being CS(OS) No.290/2020 before
this Court, wherein according to the Appellant, the issue involved is
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.12.2021
10:35:33
partition of certain properties, of which the Appellant allegedly claims to be
an owner. An application under Order XXXIX Rules 1 and 2 CPC was also
preferred by the Appellant herein, being a plaintiff in the suit. Attention of
the Court is drawn to order dated 27.05.2021 passed in the said application
being IA No.6681/2021. Perusal of the order shows that the subject matters
of the said application were properties bearing no. A-13, A-14 and A-15,
Rama Park, Uttam Nagar, New Delhi. Court has directed the parties to
maintain status quo with respect to the title and possession of the aforesaid
properties and it is evident that the property in question in the present
appeal is not a part of the reliefs claimed in the application.
5. During the course of hearing, the Court had put a pointed query to
the learned counsel for the Appellant, whether any application has been
filed in the aforesaid suit with respect to the property which is a subject
matter of the writ petition, out of which the present appeal arises. Learned
counsel for the Appellant expressed his ignorance and lack of knowledge
on the said aspect.
6. Learned counsels appearing on behalf of Respondents No. 1, 2, 3
and 5, on advance service of the appeal, however, pointed out that the
Appellant, who is a plaintiff in suit being CS(OS) No.290/2020 had
preferred an application being I.A. No. 3632/2021 in the said suit under
Order XXXIX Rule 1 and 2 of CPC, seeking the same relief as sought in
the writ petition and the present appeal. Court has issued notice on the
application on 09.03.2021, returnable on 10.05.2021. The application is
pending and the Court had declined to grant stay against the alleged illegal
construction in the property in question. It is strenuously contended that not
only has the Appellant approached this Court, seeking the same relief as
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Digitally Signed
By:KAMAL KUMAR
Signing Date:23.12.2021
10:35:33
claimed in the application but has deliberately suppressed the fact of even
filing the said application.
7. We have gone through the pleadings in the writ petition as well as in
the present appeal and find merit in the contention of the Respondents that
there is a suppression by the Appellant that I.A. No. 3632/2021 was
preferred in CS(OS) No.290/2020, seeking the same relief, as sought in the
writ petition being W.P.(C) No.4335/2021 in which the impugned orders
have been passed by the learned Single Judge. Moreover, even on a pointed
query by the Court, the said fact was not disclosed by the learned Counsel
for the Appellant. This Court does not appreciate the conduct of the
Appellant in suppressing material facts.
8. Even otherwise, once the application filed by the Appellant seeking
relief of injunction against the alleged illegal construction is pending before
the Competent Court in CS(OS) No.290/2020, we see no reason to entertain
the present appeal. No error has been committed by the learned Single
Judge and there is no infirmity in the impugned orders.
9. We may, however, take note of the fact that the writ petition is
pending before the learned Single Judge and is next listed on 23.12.2021.
Learned counsel appearing on behalf of Respondents No. 2 and 3 submits
that there is some illegal construction in the property in question with
regard to the sanctioned plans and the same shall be placed before the
learned Single Judge where the legality of the construction is in question.
Be that as it may, since the writ petition is pending, we do not wish to enter
into the merits of the matter.
10. We see no reason to entertain the present appeal. The appeal along
with the pending application is accordingly dismissed with costs of
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.12.2021
10:35:33
Rs. 15,000/-, to be deposited by the Petitioner with the Delhi State Legal
Service Authority, within four weeks from today. The aforesaid amount
shall be utilized for the programme 'Access to Justice'.
11. A copy of this order be sent forthwith to the Member Secretary,
Delhi State Legal Services Authority, Patiala House Courts, New Delhi.
CHIEF JUSTICE
JYOTI SINGH, J
DECEMBER 20, 2021/sn
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:23.12.2021
10:35:33
