VATIKA LIMITED Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner-plaintiff company was maintaining the trees, grass and greenery in the area of Bund RD No.28115 to 29550. It was pursuant to permission dated 27.10.2005 (Annexure P-1) granted to them by the defendants, respondents herein. The suit was filed by the petitioner company seeking injunction against the defendants, now respondents, not to destroy and demolish the greenery of the Bund and not to restrain the petitionercompany from maintenance of the Bund from RD No.28115 to 29550.

(2.) The petitioner company, in the application for amendment of the plaint, very deftly avoided mentioning of the fact of withdrawal of the permission of maintenance on 31.1.2011, which had been granted to them on 27.10.2005.

(3.) Perusal of the paper book reveals that stand of the defendants is clear and categorical that the petitioner company not only violated the conditions of the grant of sanction given to them for maintenance of the Bund but also indulged in illegally removing the Bund. The company had caused damage to the forest and had started encroaching upon the land whereas development was to be done by them on their own land.