NEERJA CHAWLA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE challenge by means of this Regular Second Appeal is to the two concurrent judgments of the Courts below, the first of the Original Court dated 7.1.2011, the second of the Appellate Court dated 22.7.2011, and by which judgments the suit of the appellant/plaintiff for permanent injunction against the respondent/DDA seeking restraint against making of a wall was dismissed.

(2.) THE appellant/plaintiff laid out a case that the construction of the wall by the DDA on its land will close the access of the appellant/plaintiff to her property bearing no.A-49, Rajeev Nagar, Phase-II, Village Karala, Delhi and therefore the suit for injunction was filed stating that the appellant/plaintiff would have no ingress and egress to her property as the ingress and egress to the property was from the road on the side of which wall was being constructed and thereby allegedly closing the entry points to the property of the appellant/plaintiff. THE appellant/plaintiff claimed that there was a road adjoining her property to the east for last 40 years and construction of the wall by the respondent/DDA would result in closing of the access to this road which was in existence for 40 years and therefore injunction was prayed.

(3.) LEARNED senior counsel for the appellant/plaintiff invited the attention of this Court to a site plan prepared by the Local Commissioner who was appointed before the Trial Court and which site plan is exhibited as Ex.P2. On the basis of this site plan, it was argued that the road to the east shown therein is existing since 40 years and this was the only road for entry and exit to the property.