KANPUR DEVELOPMENT AUTHORITY Vs. SHIPRA BUILDERS PVT. LTD.

JUDGEMENT

(1.) The respondents herein filed a Suit No.2442 of 2012 (M/s Shipra Builders Pvt. Ltd. and another Vs. Kanpur Development Authority and another) before the Civil Judge (Sr. Division) Kanpur Nagar praying for the following reliefs:-

(2.) They also filed an application under Order 39 Rule 1 and 2 CPC (Paper No.6C) for grant of a temporary injunction. The Trial Court on 24.12.2012 restrained the Kanpur Development Authority from demolishing the constructions raised by the plaintiff on Araji Nos.336, 337, 338, 345, 350 and 352 Vinayakpur, Kanpur Nagar. Thereafter the Kanpur Development Authority passed an order dated 04.01.2013 under Section 28-A of the U.P. Urban Planning and Development Act and the building was sealed on the same date. The plaintiff protested the action taken by the Kanpur Development Authority and filed an application dated 05.01.2013 before the Court praying that the seal be opened and proceedings for contempt be initiated. A similar application was also filed by the plaintiff on 15.01.2013. The Kanpur Development Authority filed its objections to both the applications where upon the Trial Court passed an order dated 21.01.2013 directing the Kanpur Development Authority to remove the seal and file compliance report by the next date fixed in the case.

(3.) This writ petition was then filed by the Kanpur Development Authority (defendant of suit) praying for the following reliefs:-