ANGURI SAGAR Vs. NBCC LTD.

JUDGEMENT

(1.) This appeal is against the judgment dated 06.09.2016 passed in civil suit No.515/14 by learned Civil Judge and also against judgment dated 18.12.2018 passed by learned Additional Senior Civil Judge in RCA No.28/2016. The brief facts are as under :

(2.) The stand of the respondents was the suit property was not an ancient temple but was used as a shelter for NDMC Horticulture workers and class-IV employees of NDMC to take rest during the lunch time in Nursery and that the plaintiff have gradually established one or two deities for worship purely on temporary basis and gradually built up a structure around idols by using old bricks from dismantled C-2 type quarters. It was also alleged the appellant is taking up re-development of the Government land and the appellant was asked to vacate the premises as it was within of construction zone but she gave assurance to remove the idols when the construction work would begin later. Thus the claim of the appellant was denied by the respondents in their written statement. It was also alleged the land belongs to Ministry of Urban Development and the appellant is rather implementing re-development projects and the said area was handed over to the respondents for construction of Type VII and VIII house. The appellant was directed to vacate the premises illegally encroached by her and no threat was extended to her.

(3.) The said suit of the appellant was dismissed on the following grounds :