MAHENDER SINGH Vs. M C D

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 7th November 2006 passed by learned additional District Judge whereby an appeal of the petitioner against the order of learned Civil Judge, dismissing his application under Order 39 Rule 1 and 2 was dismissed.

(2.) THE petitioner wanted that MCD should not demolish the part of his property coming in the way of road-widening scheme. The claim of the petitioner was that this property was his private property. The MCD has placed on record documents before the trial court that the land in question belonged to MCD and the road-widening process was in progress for the benefit of the people living there, including the petitioner.

(3.) A perusal of the record of MCD would reveal that initially the width of the road of this colony was 80 ft but thereafter encroachment was got done on both sides of the road by the people and the width get reduced to around 40 ft. MCD is reclaiming its encroached area and is trying to again restore the width of the road to 60 ft.