Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 594/23
MUSSAWIR KHAN Vs. AKHLAQ
19.12.2023
Present : Ms. Meenakshi Aggarwal, ld. counsel for the plaintiff.
Sh. Zaffar Abbas, ld. counsel for the defendant no. 1.
Shri S.R. Dabi, ALO for defendant no. 2/MCD with Sh. R.
K. Garg, AE(B), City SP Zone.
Status report has been filed on behalf of the defendant no.
2/MCD. Copy supplied.
The present suit is filed by the plaintiff seeking permanent
and mandatory injunction against the defendants in respect of the
unauthorized and illegal construction on the property no. 2526, Gali Sher
Afghan Wali, Baradari, Ballimaran, Delhi-06. It is stated in the plaint that
defendant no. 1 who is in control of the said property has raised the said
property upto three floors illegally and despite the property was booked
for unauthorized construction in the 2021, no action was taken by
defendant no. 2. It is further stated that due to the unauthorized
construction in the property, the property is a nuisance to the nearby
residence and public. It is further stated that the balcony of the fourth floor
is effecting the property of the plaintiff apart from causing infringement of
his privacy.
In the WS filed by defendant no. 1, it is stated that the
plaintiff himself is an unauthorized occupant and having his property
without any sanctioned plan. It is further stated that the plaintiff has not
approached this court with clean hand.
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In the status report, it is stated that unauthorized construction
was found on basement, ground and first floor and a demolition order
dated 28.06.2021 has already been passed. It is further stated that a
sanctioned plan under SARAL Scheme has been obtained in respect of the
property upto third floor. As per the status report, the property was found
to be consisting of basement, ground, first, second, third, fourth and fifth
floor.
Submission heard.
It is stated in the plaint that defendant no. 1 is constructing
fourth floor in the property. However, as per the report of defendant no.
2/MCD, it was found that the property is already consisting of fourth and
fifth floor. It is not stated in the report that any construction was going on
at the time of inspection. Therefore, the interim relief sought by the
plaintiff seeking interim injunction against the defendant no. 1 to carry out
any further construction is not warranted. Therefore, the application u/o 39
Rule 1 and 2 CPC filed by the plaintiff is dismissed.
Nothing in this order shall tantamount to expression of
opinion on the merits of the case.
Put up for completion of pleadings on 26.03.2024.
(Pranav Joshi)
ASCJ (Central)/Delhi
19.12.2023
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