P S TANEJA Vs. RAMESH CHAND AGGARWAL

JUDGEMENT

(1.) Appellants are residents of Kalindi Colony in Village Kilkori, Delhi and they are resisting Suit No. 191/98 filed by Respondents 1 to 3 for permanent injunction restraining MCD from acting on letter No. TP/9/9073/91 dated 8.7.91 and for considering their building plan. Trial court has passed an interim order in this suit dated 11.12.98 asking MCD not to act upon this letter and has allowed respondents (plaintiffs) to apply for sanction of the building plan.

(2.) Facts giving rise to this appeal are that Swantantra Co-operative Society acquired 20 acres of land in Village Kilkori. Its lay out plan was sanctioned by MCD vide Resolution No. 11 dated 1.10.1958 for 98 plots. Later Society submitted a revised lay out plan for carving out additional plots which was rejected. Meanwhile open space reserved for public services was handed over to the MCD on 31.5.79 and ever since stand vested in it.

(3.) It transpires that some plots out of the land otherwise earmarked for common utility purposes was sold to Respondents No. 1 to 3 on the condition that consideration amount would he returned to them if revised lay out plan was not sanctioned. These Respondents first filed a suit which was dismissed for non-prosecution. They have now filed Suit 191/98 and obtained" an ad-interim injunction restraining MCD from acting upon letter No. TP/9/9073/91 which disposed off their representations on the subject matter and clarified that sites reserved for open spaces/approach road vested in MCD. Hence this appeal.