DDA Vs. HILL VIEW APARTMENTS

JUDGEMENT

(1.) The petitioner, Delhi Development Authority (DDA) is aggrieved with the orders dated 02.02.2013 of the Senior Civil Judge on the file of the civil suit (No.154/2011) of the respondents (the plaintiffs) and dated 29.04.2015 of the Additional District Judge-01 on the file of miscellaneous appeal (MCA No.20/2013) whereby, on the application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (CPC), an ad interim injunction was granted against the DDA (the defendant) restraining it, its officials, administrators, servants, agents, etc. from closing three gates in the rear side boundary wall of residential colony known as Hill View Apartments within the area of Vasant Vihar, New Delhi-110057, the effect of which restraint orders essentially is permitting continued use of a portion of land described as "vehicle parking space" abutting the said outer boundary wall. It is the contention of the petitioner that ad interim injunction was granted by the trial court and affirmed by the first appellate court arbitrarily even while observations have been recorded against the case set up by the plaintiff having the effect of bringing out that there is no prima facie case established.

(2.) The civil suit in which the impugned orders were passed was instituted in June, 2011 by the respondent which is an association of residents of Hill View Apartments, it being a residential colony developed by DDA, it comprising of 120 flats in Block B, Vasant Vihar, New Delhi wherein allotments were made in 1987-88. It is the plaintiff's own case that the colony abuts an area developed by the DDA as bio-diversity park. The copies of two plans have been submitted one of which is described as "survey plan" of DDA land at Hill View Apartment and a plan which depicts layout of colony as in year 201 It is undisputed fact, as was submitted at the hearing, that the portion described in the plaint as "the suit property" i.e. "the vehicle parking space" is depicted in the survey plan by the legend "metalled portion road" in southernly direction of the border of the locality. It was further conceded at the hearing that the locality is connected to the main roads through metalled road on the other side, the said road moving along the boundary walls of other similarly developed area leading to North direction. It was also conceded during the hearing that there are internal roads within the society in question, developed as a gated community, for movement and circulation of the motor vehicles of the local residents. The bio-diversity park concededly is on the side where the disputed area lies.

(3.) It is the case of the plaintiff that the three gates were provided on the Southern border of the society with a road for parking of vehicles which was constructed by the defendant to facilitate the parking of vehicles of the residents, the maintenance including relaying of road, service, lighting, etc. having been arranged by the "concerned department", such facility having been enjoyed by the residents since inception. The suit was filed claiming cause of action on the basis of action initiated on 01.06.2011 by the officials of DDA digging up the parking area for closing the three said gates thereby blocking ingress and egress of the people of the locality in that directions and so as to preclude the use of the space in question for parking of vehicles of the local residents. The prayer in the suit is for permanent injunction against DDA so as to restrain it against "taking over the suit property ..... by closing the above-said three gates". The application for ad interim injunction made similar prayer.