RAJ RANI GUPTA Vs. MCD

JUDGEMENT

(1.) SMT. RAJ RANI GUPTA AND SHRI GURDIP SINGH MADHOK BROUGHT A SUIT FOR PERPETUAL INJUNCTION, PRAYING FOR RESTRAINING THE MUNICIPAL CORPORATION OF DELHI, DEFENDANT NO.L, BY A DECREE OF PERPETUAL INJUNCTION FROM DEMOLISHING ANY PART OF THE STRUCTURES EXISTING ON THE PROPERTIES SITUATED AT KHASRA NO.452, VILLAGE KHIRKEE, TEHSIL MEHRAULI, NEW DELHI(HEREINAFTER REFERRED TO AS THE "SUIT LAND'')- THE PLAINTIFF FURTHER PRAYED FOR DECREE OF PERPETUAL INJUNCTION AGAINST THE DDA, ARRAYED AS DEFENDANT NO.2, FOR RESTRAINING IT FROM DISPOSSESSING THE PLAINTIFFS FROM THE AFORE- STATED SUIT LAND. THE CLAIM OF THE PLAINTIFFS WAS BASED ON THE PLEA THAT THEY WERE ENTERED AS A BHOOMIDARS IN THE REVENUE RECORD; THEY HAD CONSTRUCTED A RESIDENTIAL DWELLING UNIT ON THE SUIT LAND IN THE YEAR 1988 AND WERE LIVING THEREIN SINCE THEN; THAT SUDDENLY ON 5TH MARCH, 1990 SOME OFFICIALS OF THE DEFENDANTS CAME TO THE SITE AND STARTED DEMOLISHING PROPERTIES IN THE VILLAGE IN THE VICINITY OF THE PLAINTIFFS AND THREATENED TO DEMOLISH THE PLAINTIFFS' PROPERTY AND DISPOSSESS THEM WITHOUT ANY NOTICE UNDER SECTION 343 OF THE DELHI MUNICIPAL CORPORATION ACT AND WITHOUT NOTICE TO SHOW CAUSE UNDER THE DELHI DEVELOPMENT ACT. THE PLAINTIFFS CHALLENGED THE AUTHORITY AND THE JURISDICTION OF THE DEFENDANTS TO DO SO ALLEGING THAT THE SUIT LAND DID NOT BELONG TO EITHER OF THE DEFENDANTS. THE PLAINTIFFS ALSO CHALLENGED THE JURISDICTION OF THE TWO STATUTORY AUTHORITIES AND APPLICABILITY OF THE DELHI MUNICIPAL CORPORATION ACT, 1957 ON THE PLEA THAT M.C.D. WAS NOT PROVIDING CIVIC AMENITIES TO THEM AND OF THE DELHI DEVELOPMENT AUTHORITY THAT THE LAND DID NOT FALL IN THE DEVELOPMENT AREA OF THE DDA.

(2.) BASED ON THESE ALLEGATIONS THE SUIT CAME TO BE FILED ON THE ORIGINAL SIDE OF THIS COURT ON 7TH MARCH, 1990. BY AN EX PARTE ORDER OF INJUNCTION DATED 8TH MARCH, 1990, THE LEARNED SINGLE JUDGE DIRECTED MAINTENANCE OF STATUS QUO IN RESPECT OF PROPERTY IN THE SUIT TILL FURTHER ORDERS.

(3.) IT APPEARS THAT AS A RESULT OF THE AMENDMENT TO SECTION 5 SUB-SECTION 2 OF THE DELHI HIGH COURT ACT 1966 AS AMENDED BY THE DELHI HIGH COURT(AMENDMENT) ACT, 1991, ON ACCOUNT OF THE VALUATION OF THE RELIEFS SOUGHT SOUGHT IN THE PLAINT IN THE PRESENT CASE BEING BETOW RS.5 LACS, THE CASE WAS TRANSFERRED TO THE DISTRICT COURT, DELHI.