V PRABHAKAR Vs. M C D

JUDGEMENT

(1.) The plaintiffs have filed a suit for permanent injunction against the defendants Municipal Corporation of Delhi (MCD) and the Commissioner of Police. The facts are brief. The plaintiffs are each owners of a plot of 500 sq. yds. located in C-Block of Inderpuri, New Delhi, which were purchased by them from time to time. The plaintiffs obtained sanction for construction on the plot and such sanction was granted in each of the cases with a stipulation that each of the plaintiffs would leave an area of 15 X 45 sq. ft. in the front portion of the plot facing the road as open area and would not construct on the same. This stipulation was apparently made because there were some proposals under consideration for widening of the road measuring 30 feet.

(2.) The grievance of the plaintiffs is that a demolition action took place by defendants 1 and 2 being the MCD and the Junior Engineer of the MCD on 24.5.2000 whereby the walls were demolished. The front portion was only being used as kitchen garden which was required to be kept as open space.

(3.) The plaintiffs approached this Court by way of the present suit and filed an application for interim relief which was granted on 23.6.2000. It may also be noticed that though originally the suit was valued for pecuniary jurisdiction at Rs.5,05,000/- but in terms of order dated 26.5.2000 the plaintiffs agreed to have the said valuation for the relief of injunction for each of the plaintiffs at Rs.5,05,000/- and paid the ad valorem fee on the same. This has been so set out since an issue was raised about the pecuniary jurisdiction of this Court but in view of the total valuation being more than Rs.20 lakh the said question does not survive.