Order 3

Order Details: COPY OF ORDER
Pdf Text: CS No. 1122/2024.
Ganpati Orchid Pvt Ltd. VS MCD & Ors.
-3/4-
was demolished on 13.09.2024. However, even after the demolition, the
suit property has again been constructed by the plaintiff. The defendant no.
2 & 3 have relied upon certain photographs filed by them i.e. annexure H.
On perusal of the same, more specifically page no. 32 of the written
statement, it is observed that there exists two properties i.e. one built up
property and other is under construction. It is submitted by the defendants
that both the properties shown in the photographs belong to the plaintiff.
On the other hand, it is submitted by the plaintiff that the under
constructed property depicted in page no. 32 of W/S do not belong to him
and he is only concerned with the built up property. It is further claimed by
the plaintiff that the suit property i.e. built up property shown on page 32 of
W/S has not been recently constructed and the same was constructed in the
year 2015-16. It is submitted by ld. Counsel for the plaintiff that if directed,
he will file the document/ electricity bills of the property in question of
previous years thereby showing the existence of the property since 2015-
16. Plaintiff also relies upon notification/ order whereby properties
constructed before the year 2017 could not be demolished.
It is submitted by defendant no. 2 that in view of the orders of
Hon’ble Supreme Court of India, no demolition is being carried out by the
defendants.
It is held that the plaintiff has claimed himself to be the owner
of only part of Khasra No. 50/13 min, 50/14, 50/18/1 and 50/17 situated in
the area of Village Alipur, i.e. built up property as shown in page 32 of the
W/S of the defendants. The reliefs sought in the suit and in the present
application, as admitted by the plaintiff, is only limited to the said portion
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