MEENA GHOSH Vs. HARYANA SAHARI VIKAS PRADHIKARAN

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner/plaintiff, under Article 227 of the Constitution of India for setting aside order dtd. 29/11/2023 (Annexure-P-5) passed by Ld. Civil Judge (JR. Division), Gurugram in civil Suit no.3292 of 2023 title as 'Meena Ghosh versus HSVP (HUDA)', which is now pending for 8/7/2025 for plaintiff evidence, whereby application under order 39 rule 1 and 2 read with Sec. 151 of CPC for ad-interim injunction restraining the officials/agents of the respondent/defendant from demolishing and restraining from interfering in the peaceful possession and enjoyment of the petitioner and restraining from demolishing the suit property of the petitioner and directing the respondent to de-seal the subjected premises mentioned in the plaint with immediate effect, be issued in favor of the petitioner and against the respondent, till the decision of the suit, has been rejected; and setting aside the impugned order dtd..7/5/2025 vide which Civil Appeal against the order dtd..29/11/2023 was dismissed by the Ld. Additional District Judge Gurugram (Annexure-P-7) and the application filed by the petitioner under order 39 rule 1 and 2 read with Sec. 151 of CPC (Annexure-P-3) may kindly be allowed in the interest of justice.

(2.) Learned counsel for the petitioner inter alia submits that grave injustice, loss and harm shall be caused to the petitioner in case application of the petitioner under Order 39 Rule 1 and 2 CPC is not allowed. Learned counsel states that premises which have been sealed by the respondent-Authority are the residential home of the petitioner. It is submitted that vide show cause notice dtd. 11/10/2023 (Annexure P-2), petitioner was given 24 hours to remove the alleged violation in the said premises. It is contended that said Notice has been wrongly sent to the petitioner; and that Mandatory statutory provisions of law have not been complied with while issuing notice (Annexure P-2) to the petitioner. Show cause notice dtd. 11/10/2023 (Annexure P-2) given by the respondent-officials is arbitrary and illegal as the provisions of Sec. 55 of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as the 'Act') for sealing of the property have not been complied with. However, in passing the impugned orders, the learned Courts below have failed to consider these aspects of the matter. Learned Courts below have failed to appreciate that the house in question is the residential house, and petitioner is residing in the same house since March 2023 till the sealing of the house by respondent officials. The officials of the respondent sealed the house of the petitioner without giving any legal notice prior to the sealing and the notice which is handed over to the petitioner in the office of the respondents is having date 11/10/2023 in which only 24 hours' time was given to demolish the construction which is totally against natural justice. Moreover, respondent officials visited the house on 13/10/2023 in the absence of the petitioner and sealed the house without giving any effective time to comply with the notice.

(3.) It is further submitted that the petitioner has a prima facie case in her favor and petitioner suffered irreparable loss due to the wrongful and illegal act done by the respondent as she is moving here and there on rented accommodation along with two daughters and old aged parents despite having her own house which is purchased by the petitioner and her husband with the life time savings. It is submitted that almost 1 1/2 years have passed since the illegal sealing of the property on 13/10/2023 and the petitioner along with her family dispossessed by the respondent in an arbitrary manner without giving any opportunity of hearing which is against the principle of natural justice and violation of right to residence which is a fundamental right in India, specifically guaranteed under Article 19(1)(e) of the Constitution. It is accordingly prayed that the present revision petition be accepted and application under order 39 rule 1 and 2 read with Sec. 151 of CPC filed by the Petitioner may be allowed.