RAMESH JAIN Vs. NDMC

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India impugns the concurrent order and judgment passed by the courts below; of the trial court dated 4.6.2013 and the first appellate court dated 28.4.2014 respectively; by which the injunction application of the petitioners/plaintiffs has been dismissed. The case of the petitioners/plaintiffs was that they had purchased the suit property being no. HR -12C, Anand Parbat Industrial Area, New Delhi admeasuring 170 sq. yds. from one Smt. Meera Kanwaria through usual documentation of Agreement to sell, General Power of Attorney etc dated 3.11.1998. It was further the case of the petitioners/plaintiffs that the possession of the suit property was given to the petitioners by Smt. Meera under the said documentation. It is further argued that government had taken "paper possession" only and consequently, the petitioners/plaintiffs being in possession of the suit property, the action of the respondents i.e. North Delhi Municipal Corporation and Delhi Development Authority in demolishing the boundary wall around the subject plot is illegal.

(2.) BEFORE this Court, it is argued that possession of the petitioners/plaintiffs be protected, and the respondents cannot demolish a boundary wall which is in fact not permissible by the Municipal bye -laws.

(3.) THE first appellate court has in this regard made correct observations in para 8 of the impugned judgment and which para 8 reads as under: -