GIRDHARI LAL Vs. GULSHAN LAL

JUDGEMENT

(1.) This revision petition is directed against the order of the first appellate Court whereby he upheld the judgment of the trial Judge holding that the Civil Court has no jurisdiction to entertain the suit.

(2.) The facts : The plaintiff is an allottee of House No. 2-H/105, N.I.T. Faridabad. He developed a piece of land measuring 23 sq. yards adjoining to his house. He made a request to the Rehabilitation Department for transfer of the said piece of land which was declined on the ground that the same could not be allotted to the plaintiff as it was a park. Subsequently, the Rehabilitation Department bifurcated the plot and made allotment to the respondent and the instant suit was filed for declaration with consequent relief by way of permanent injunction that the site could not be transferred since it was earmarked as a park and in the alternative it was prayed that if it is liable to be transferred it should be transferred to the plaintiff.

(3.) The learned appellate Judge held that there is no bar for the Rehabilitation Department for bifurcating the plot earmarked as a park and transfer it by public auction. The department did intimate to the plaintiff that the disputed site is a park and cannot be transferred. There is no prohibition in the statute that Rehabilitation authorities cannot subsequently change its decision and decide to transfer the site earmarked for park by public auction. The learned Judge further held that the grievance, if any, could be made before the Rehabilitation authorities and not by way of a civil suit. I do not find any infirmity in the order of the learned appellate Judge. The revision petition is accordingly dismissed.