BATHINDA DEVELOPMENT AUTHORITY (BDA) Vs. HARDAM SINGH

JUDGEMENT

(1.) DEFENDANT Bathinda Development Authority (BDA) has filed this revision petition under Article 227 of the Constitution of India assailing order dated 03.05.2013 (Annexure P -1) passed by the trial court, thereby allowing application (Annexure P -4) filed by respondent -plaintiff Hardam Singh for amendment of his plaint (Annexure P -2). Plaintiff in the suit alleged that he is co -sharer in possession of the suit land. Plaintiff sought permanent injunction restraining the defendant from interfering in plaintiffs possession thereon and from laying any road on it.

(2.) THE defendant, in its written statement (Annexure P -3), alleged that the suit land has been acquired and defendant is owner in possession of the suit land, and therefore, defendant has every right to construct road in the suit land as per approved scheme.

(3.) THE defendant, by filing reply (Annexure P -6), opposed the amendment application and pleaded that defendant has every right to construct road as per approved Scheme. It was pleaded that work of construction of road was already going on and was nearing completion.