PIONEER PROFIN LIMITED Vs. RESIDENCY GREENS RESIDENTS

JUDGEMENT

(1.) This is Plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby its suit for permanent injunction restraining the Defendant-Respondent and its officials from interfering in the construction of boundary wall/railing and other activities being carried out by the Plaintiff-Appellant as per the revised sanctioned site plan/lay out plan and from damaging the material and property of the Plaintiff-Appellant, was dismissed.

(2.) The present suit was filed by the Appellant on the averment that the Appellant is a well known colonizer and had initiated several projects like Residency Greens, Vista Villas etc. being projects within Green Wood City, Sector 46, Gurgaon. The lay out plan regarding the project Vista Villas was sanctioned vide letter dated 2.2.1999 and 26.10.2004 in the name of sister concern/partner of the Appellant. The Appellant is still carrying on the construction in the said residential colonies as per the site plan duly sanctioned by the competent Authorities and is still in the process of constructing boundary wall, sanitation, railing etc. which are required for the benefit of the residents and security of the said colonies. It was further averred that as per the policy matters of State of Haryana, the site plan/lay out plan of the said colonies floated by the Appellant are timely revised and due changes are made as per the existing requirements of law. The Appellant had initially got sanctioned the site plan regarding the said project, namely, Vista Villas but State of Haryana through the Director Town and Country Planning (hereinafter called 'DTCP') has sanctioned/revised the said site plan to some extent as per rules and Regulations and as per requirement and had finally sanctioned the site plan. The Appellants started the construction of boundary wall completely in accordance of the plan sanctioned by DTCP and also because the said construction of the said boundary wall and railing was essential for the security of the said colony i.e. Vista Villas and was necessary far fulfilling the requirements laid down by the DTCP as per the sanctioned plan. The Respondent who is representative of the residents of the colony adjoining the Vista Villas has no respect for law and when the construction of the boundary wall was in progress the officials of the Defendant along with other members of the Residency Greens and Green Wood City, Gurgaon came to the site and started obstructing the construction work and threatened the workers of the Plaintiff. The request of the Plaintiff to the Defendant paid no heed. The Plaintiff was constrained to move a complaint at Police Station Sadar, Gurgaon but the police did not take any step to stop the illegal activities of the Respondent. Left with no other option, the Plaintiff was compelled to file the present suit.

(3.) Upon notice, the Defendant filed written statement raising various preliminary objections. On merits, the Defendant admitted that the Plaintiff had developed the Residency Greens Colony. However, it was denied that the Plaintiff had got the lay out plan sanctioned vide letter dated 26.10.2004 in the name of its sister concern/ partner and if the Plaintiff had got sanctioned such lay out plan in collusion with the Government Authorities, it did not affect the rights of the Defendant and its members as no notice was ever served upon them regarding any change in the lay out plan. Moreover, the Plaintiff had no right to make any changes in the park in question which was provided to the members of the Defendant Association at the time of selling the properties to them. The Plaintiff had got no right to convert the area of Green Park in a residential/constructed area for their wrongful gain. The Plaintiff in collusion with Director, Town and Country Planning wanted to encroach upon the park of the Residency Green Colony without having right, title or interest in the same. Defendant was using the park in question for the last several years and now the Plaintiff under the garb of alleged sanctioned plan cannot convert any portion of the same into constructed area. The value of the properties of the members of the Defendant association will be diminished due to encroachment on the portion of part in question. The Plaintiff wanted to construct new built up units which were not earlier planned by the Plaintiff and wanted to mint illegal money by converting the area of green belt into residential houses and even the DTCP should not have been allowed the conversation of green belt into constructed area. The railing/sanctioned site plan already existed on the spot and the Plaintiff was not entitled to make boundary wall as per revised sanctioned plan by which the Plaintiff wanted to encroach upon the portion of the park in question. Both the colonies i.e. Residency Greens and Vista Villas are surrounded by pucca boundary wall from all sides. The members of the Defendant's Association never threatened the workers of the Plaintiff. According to the Defendant, he had been writing letters to the Plaintiff. Even the illegal activities of the Plaintiff was highlighted in the newspaper and the Plaintiff under the garb of the present suit wanted to raise illegal construction. Thus, the suit of the Plaintiff was false, frivolous and baseless. The Plaintiff cannot be permitted to encroach upon the portion of the park in question which is part and parcel of the colony i.e. Residency greens which was shown to the members of the Defendant's Association as a public park at the time of selling the properties to them. Thus, the Plaintiff had no cause of action to file the present suit and the same deserves to be dismissed.