JAYANT GAS SERVICES Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) This petition is directed against the order dated 6.9.1999 passed by the Additional District Judge, Delhi, in MCA No. 47/1999 allowing the appeal filed by the respondent against the order dated 26.2.1999 passed by the Civil Judge granting ad interim injunction in favour of the petitioners.

(2.) The petitioners herein are in occupation of three LPG godowns as licensees and their licences are expiring on 31.3.2000, 31.3.1999 and 31.3.2000 respectively. It was alleged in the suit filed by the plaintiffs/petitioners that the respondent/defendant started construction for 220 KV Transmission Line Tower in front of the godown of plaintiff No. 1 and that the base of the said tower would be 20ft. x 20ft. which would not only cause problems and difficulties for the petitioners/plaintiffs while loading and unloading of gas cylinders, but might also cause accidents like setting the godowns on fire. Accordingly the petitioners/plaintiffs sought for a perpetual and mandatory injunction against the respondent/defendant.

(3.) The respondent/defendant on the other hand contended that the construction is only for 66 KV Tower. It was also stated that after a thorough survey the project was approved by a Technical Committee of senior engineers and several departments and that the said project would supply electricity and cater to the needs of various areas. It was also stated that the base would be only 3.5 meter x 3.5 meter and that most of the towers have already been constructed. Along with the aforesaid suit, an injunction application was also filed by the petitioners on which an ex parte injunction order was passed by the Civil Judge restraining the respondent/defendant from installing tower No. 16 in front of the gas godown of the petitioners/plaintiffs. As against the aforesaid order of injunction granted by the trial Court, an appeal was preferred by the respondent/defendant which was registered as MCA No. 47/1999. The Additional District Judge after hearing the parties set aside the order dated 26.2.1999 passed by the Civil Judge and vacated the order of injunction granted by the Trial Court and the application under Order 39 Rules 1 & 2 Civil Procedure Code was dismissed.