LAL MUNI DEVI WIFE OF SRI BIRENDRA PRATAP SINGH RESIDENT OF VILLAGE AND POST Vs. CHAIRMAN NATIONAL HIGHWAY AUTHORITY OF INDIA , 5A, 6 SECTOR

JUDGEMENT

(1.) Heard Mr. Rajendra Narain, learned senior counsel for the petitioners and learned counsel for the respondents.

(2.) The present application has been filed under Article 227 of the Constitution of India questioning the legal sustainability of the impugned orders passed by the trial court as well as the appellate court refusing the prayer for injunction made by the plaintiff-petitioners.

(3.) The plaintiff-petitioners filed a suit praying for permanent injunction and for declaration that raising of boundary wall by the defendants obstructing the right of way of the plaintiffs was entirely illegal and further relief was prayed for declaration of the plaintiffs right of user over the suit property. There is no dispute of the fact that the suit land belongs to the respondents. However, the plaintiffs have made averments under the plaint regarding purchase of the adjacent lands out of which Bhookhund nos. 3 and 4 have been claimed by the plaintiffs to have been purchased. Sketch map has been given in the plaint, a copy of which has been brought on record by way of annexure to the supplementary affidavit in order to clarify location and position of the land as purchased by the plaintiffs as well as the suit land. It was the case of the plaintiffs that the defendants by constructing boundary wall adjacent to the western boundary wall of the plaintiffs wanted to install the statue of a national leader which would permanently obstruct the right of way of the plaintiffs making the purchased land of the plaintiffs as land-locked. The plaintiff's petition for injunction, however, has been rejected by both the courts below arriving at concurrent finding that the plaintiffs have got no prima facie case and the balance of convenience also does not lie for grant of injunction as prayed by the plaintiffs.