AGRICULTURAL PRODUCE MARKET COMMITTEE Vs. PHOLU

JUDGEMENT

(1.) It is all about a wall proposed to be constructed by petitioner on the road starting from G.T. Karnal Road upto New Azadpur Railway Station. Petitioner claims it to be part and parcel of Subzi Mandi and invokes powers to regulate ingress and outgress on it. Respondents say it is public pathway which runs through "Abadideh" of their village and on which some of their houses and shops about. According to them petitioner and also the DDA had proposed to construct a wall on this sometime in 1979 also constraining some of them to file suit against them which ended up into a compromise whereby parties agreed to raise an Iron girder railing in front of shops instead of a brick wall. But ignoring all this, petitioner had renewed its attempt to reconstruct the wall in place of iron railing which would result in demolition of their shops or blocking access to these.

(2.) Respondents filed CS No. 583/79 to stop this along with an application for ad-interim injunction which was resisted by petitioner disputing any compromise between the parties in the past and claiming the road as its property which was dismissed by Trial court declining grant of interim stay. Respondents took appeal against this and Appellate court on consideration of the matter took the view that respondents' suit would be rendered infructuous if the interim relief was not granted to them. The court, accordingly, restrained petitioner herein from constructing the wall in place of Iron-railing but at the same time left it free to clear any encroachment made by respondents on the road.

(3.) Petitioner is aggrieved of this order and has filed this revision to assail it.