RAJENDRA MOTWANI AND ANOTHER Vs. MCD AND OTHERS

JUDGEMENT

(1.) C.M. No. 37263 of 2017 (exemption) - Exemption allowed subject to just exceptions. C.M. stands disposed of. RSA No. 243 of 2017

(2.) This Regular Second Appeal under section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the concurrent judgments of the courts below; of the Trial Court dated 18.5.2016 and the First Appellate Court dated 6.7.2017; by which the suit filed by the appellants/plaintiffs for restraining the defendant nos. 3, 4, 6 and 7(contesting defendants) from raising any illegal construction in their property No. A-I/32, Janakpuri, New Delhi has been dismissed. The relief clause of the plaint reads as under:-

(3.) It is seen that the dispute between the parties is as regards illegal construction i.e as to whether the contesting defendants had to leave the side setback of three meters and by leaving such side setback there is illegal construction by the contesting defendants in their property. In this regard, the appellants/plaintiffs placed reliance upon Clause 4.4.3 of the Master Plan of Delhi 2021 as per which if the side setback has to be reduced, it can only be reduced with respect to the side setback provided in the previous category of the plot size in the chart in Clause 4.4.3. It is argued that previous category of the plot size is having side setbacks again of some three meters and therefore the contesting defendants had to maintain the side setback of three meters which they have not.