Order 4

Order Details: COPY OF ORDER
Pdf Text: CS No. 1122/2024.
Ganpati Orchid Pvt Ltd. VS MCD & Ors.
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of the property. It is claimed by the plaintiff that no restrainment order
passed by the defendants has been supplied/ served upon him.
A doubt qua maintainability of the suit exists, since the
restrainment orders, on the basis of which the defendants are proceeding to
carry out the demolition, have not been challenged as per law. However,
the Court is also cognizant of the fact that in case, the property in question
is demolished, it will cause irreparable loss to the plaintiff. Accordingly,
the defendants are hereby restrained from demolishing portion of property
i.e. Khasra no. 50/13 min, 50/14, 50/18/1 and 50/17 situated in the area of
Village Alipur, Delhi as depicted in page 32 of W/S (built up property) till
the NDOH.
Plaintiff is directed to file relevant documents showing
existence of suit property since 2015-16 and the notification/ order relied
upon by him wherein the properties constructed before the year 2017 can
not be demolished. Further, plaintiff is directed to satisfy the Court qua
maintainability of the suit in the present form on NDOH.
To come up on 19.11.2024.
(Manish Jain)
Link Judge, North Distt.
Rohini Court-15.10.2024
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