RITU PAHWA Vs. PAYAL KASHYAP

JUDGEMENT

(1.) This appeal has been preferred under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 ["CPC"], against the order dtd. 14/11/2024, passed by the learned District Judge-03, Patiala House Court, New Delhi in CS No. 227/2024 titled as "Ritu Pahwa Vs. Payal Kashyap & Anr.", whereby, interim application filed by the appellant under Order 39 Rule 1 & 2 CPC, seeking interim injunction against defendant No. 1 from carrying out the construction of lift in the vicinity of the premises of the appellant i.e. Flat No. 70, Munirka Enclave, Delhi was dismissed and ex-parte ad-interim injunction operating earlier was vacated.

(2.) Delhi Development Authority ["DDA"] approved a Policy for obtaining permission/NOC for installation of lifts in Co-operative Group Housing Societies and Flats built by DDA. In terms of the said policy, Municipal Corporation of Delhi ["MCD"] issued an Office Order dtd. 7/7/2022, devising a procedure for according such permission. As per said procedure, NOC/permission for flats in respect of de-notified areas shall be granted by the MCD, whereas, for the development areas falling under the jurisdiction of DDA, the requisite permission shall be granted by DDA.

(3.) Office Order dtd. 7/7/2022 provides that permission/NOC shall be governed by seven basic principles, which are as under:-