NARENDER ANAND Vs. NDMC

JUDGEMENT

(1.) This order will govern the disposal of IA No. 2912/2002 filed under Order XXXIX, Rules 1 & 2 and Section 151 CPC by the plaintiffs and IA No. 4479/2002 filed under Order XXXIX Rule 4 read with Section 151 CPC by defendant No. 4.

(2.) Allegations insofar as they are relevant for deciding both the applications as made in plaint are that the plaintiffs are owner of plot No. 14, admeasuring 3389 sq. mtrs. in Janpath Lane, New Delhi and on 11th February, 2000/18th September, 2000 vide letter No.C-2109-10/CA/BP, the defendants 1 & 2 conveyed the sanction of building plans putting certain conditions which were complied with by the plaintiffs. Plans were released by defendants 1 & 2 on 5th March, 2001. Thereafter, plaintiffs demolished 12 flats of the old building standing on the plot and started digging foundation. When digging was in progress, the plaintiffs received letter NO.D-29-31/CA/STC/N dated 23rd May, 2001 from defendant No. 1 asking them not to raise any unauthorised construction on the said plot. Thereafter, on meeting defendant No. 2, plaintiffs were told that defendant No. 4 had objection to the raising of construction. At a latter stage, the defendant No. 1 insisted that no construction be carried out on the plot. It is alleged that after sanction of building plans, the defendants 1 & 2 had no authority to interfere with the construction of building as per sanctioned plans. It was prayed that by a decree of perpetual injunction, the defendants be restrained from interfering with the construction to be made in accordance with sanctioned building plans and/or to demolish any part thereof.

(3.) In aforesaid IA No. 2912/2002 while issuing notice for 6th May, 2002, by the order dated 22nd March, 2002, the defendant No. 1 was restrained from giving effect to its letter dated 23rd May, 2001 subject to plaintiffs filing undertaking within ten days that construction on the plot shall be carried out strictly in accordance with sanctioned plans upto the height not exceeding 55 feet.