Interim Order 3

Order Details: COPY OF ORDER
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36
CS SCJ 1461/24
SUNIL KUMAR YADAV Vs. DEPUTY COMMISSIONER
06.11.2024 at 2 p.m.
Present : Sh. Mukesh Singh, Ld. Counsel for plaintiff.
Ms. Vasu Singh, Ld. Counsel for defendant no.1, 2 and 3.
Sh. Happy Kumar Singh, Ld. Counsel for defendant
no.4. Fresh vakalatnama filed. Taken on record.
Written statement alongwith documents filed on behalf of
defendant no.1 and 2. Status report filed on behalf of defendant
no.3.
Further arguments heard.
List for orders at 4 p.m.
(NAINA GUPTA)
JSCC-cum-ASCJ-cum-GJ
North-West, Rohini Courts
Delhi/06.11.2024
At 4 p.m.
Present : None.
1. Vide this order, interim application under Order 39
Rules 1 & 2 CPC filed on behalf of the plaintiff shall be
adjudicated. The applicant is seeking an interim injunction order
restraining the defendant from organizing any religious function
including Chhat Pooja at the MCD vacant land near Adarsh
Laxmi Vihar Extension, Vinay Enclave, Delhi in Ward No.39
(hereinafter referred to as vacant land).
2. The case of the plaintiff is that he has obtained the
permission from the SDM office vide order bearing diary
no.1992/AC/RZ/2024 for holding religious function. The Deputy
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Commissioner on 18.09.2024 granted permission to plaintiff no.2
for holding the religious function from 25.09.2024 to organize
Pooja/Mela to prepare tank and other amenities for Chhat Pooja.
It is stated plaintiff no.1 and 2 have been organizing religious
activities at the said MCD land for the last ten years. However,
on 22.10.2024, the Chairman of District Disaster Management
Authority, District Magistrate, North-West has granted
permission to defendant no.4 namely Durga Jan Chetna Samiti to
organize Chhat Pooja instead of the plaintiff no.2. It is stated that
the action of defendant no.3 in granting permission to defendant
no.4 is arbitrary. The defendant no.4 has been established only in
2024 by some political leaders to disturb the plaintiffs.
3. In reply, defendant no.1 and 2 have stated that
permission has been granted to defendant no.4 on 22.10.2024 for
holding religious Durga Pooja, Ram Lila Mela and Chhat Pooja
during the period of 25.09.2024 to 30.11.2024 in the vacant land
of MCD on first come first serve basis. A communication dated
22.10.2024 has been received from the SDM, Rohini to revise
order dated 18.09.2024 in favour of E-1 Adarsh Laxmi Vihar
Vikas Samiti, RWA. It is stated that the letter has been replied
vide reply dated 28.10.2024. It is stated that the permission has
been granted to Shree Durga Jan Chetna Samiti as it submitted
NOC from the concerned area SDM, permission from the police
department as well as permission from Delhi Fire Service. The
defendant no.4 has also deposited the amount as per receipts. It is
submitted that the plaintiffs have only obtained permission from
the SDM without taking permission from the MCD and other
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departments. It is also submitted that in the past, the plaintiff had
applied for permission from the MCD but this year, the plaintiff
has not applied for the same. Therefore, the present relief cannot
be given in favour of the plaintiff.
4. On the other hand, a status report/clarification has been
filed on behalf of the SDM wherein it is stated that the
department permission has been given to Adarsh Laxmi Vihar
Vikas Samiti for Chhat Pooja celebration subject to the requisite
permission as per law i.e. the land owning agency.
5. The plaintiff has filed on record the following
documents :-
(a) Permission for holding religious purpose i.e. Durga
Pooja, Ramleela Mela and Chath Pooja Mela during
the period of 25.09.2024 to 30.11.2024 in the said
vacant land issued vide order dated 18.09.2024 in
favour of Shri Durga Jan Chetna Samiti by the
Assistant Commissioner, MCD;
(b) Letter addressed by SDM, District North-West to
Assistant Commissioner, Rohini Zone, MCD to revise
the order dated 18.09.2024 and instead give permission
to E-2 Adarsh Laxmi Vihar Vikas Samiti, RWA.
(c) Letter dated 23.10.2024 written by plaintiff no.2 to the
Assistant Commissioner, MCD requesting that the
permission given to Shri Durga Jan Chetna Samiti be
cancelled and same be given to E-2 Adarsh Laxmi
Vihar Vikas Samiti, RWA;
(d) Meeting notice dated 24.10.2019 for meeting held on
25.10.2019;
(e) List of Chath Pooja Ghat 2024 issued by District
North-West, Rohini;
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6. The defendants no.1 to 3 have filed on record the
following documents :-
(a) Permission dated 18.09.2024 also filed by plaintiff
described at Sl. Nos.(a);
(b) Letter dated 29.10.2024 issued by SDM, District
North-West allowing Shri Durga Jan Chetna Samiti
permission to organize Mela and Jhula at the open
space alongwith Chath Pooja celebration;
(c) Letter dated 28.10.2024 by Sanitation Superintendent,
BEMS, Rohini to the plaintiff no.2 and SDM, Rohini
stating that the permission has already been granted by
the MCD to Shri Durga Jan Chetna Samiti;
(d) Permission obtained by defendant no.4 from the police
department dated 04.11.2024;
(e) Permission obtained by defendant no.4 from Delhi Fire
Service dated 04.11.2024;
(f) Receipt dated 17.09.2024 depositing amount of
Rs.3540/- issued in favour of defendant no.4;
(g) Permission dated 21.09.2023 in favour of the plaintiff
alongwith receipt dated 20.09.2023;
(h) Status report filed on behalf of defendant no.3 SDM
clarifying that department permission had been given
to Adarsh Laxmi Vihar Vikas Samiti.
7. Arguments heard.
8. It is settled position of law that grant of injunction
under Order 39 Rules 1 and 2 CPC is a discretionary relief
granted after consideration of three basic principles namely (a)
existence of prima facie case in favour of the party, (b) balance of
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convenience in favour of the party and (c) threat of irreparable
loss and injury if the order is not passed in favour of the party. In
this background, it is for the court to examine whether the case
warrants temporary injunction in favour of the plaintiff.
9. Ld. Counsel for the plaintiff has advanced arguments
that since the plaintiff has been given permission by the SDM,
the MCD be directed to allow the plaintiff to hold Chath Pooja
from the said vacant land. On the other hand, Ld. Counsel for
the defendant has contended that the plaintiff has never applied
for permission to the MCD and the plaintiff has not obtained
requisite permission from Fire Department as well as the Police
Department. Ld. Counsel for defendant no.4 has advanced
argument that the defendant no.4 has been preparing the said land
for Chhat Pooja for the last two months and no permission is
required from the SDM to conduct pooja on the said land.
10. In the present case, the plaintiff has solely relied upon
the permission obtained by it from the SDM office and also the
fact that the plaintiff has been holding Chhat Pooja from the
vacant land for the last many years. Perusal of record shows that
the permission from both the MCD as well as the SDM office is
mandatory for anyone to conduct Chhat Pooja at the said vacant
land. The permission given by the MCD as well as the
permission given by the SDM clearly states so. The permission
given to the defendant no.4 by the MCD vide letter dated
18.09.2024 was subject to submission of NOC from the
concerned area SDM. It has been clarified on behalf of the office
of the SDM that no such permission has been given to defendant
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no.4. Since the permission of the MCD itself is subject to
permission from the SDM, in absence of the same, the defendant
no.4 is restrained from holding Chhat Pooja at the said vacant
land.
11. Coming to the permission sought by the plaintiff, it is
clear that the plaintiff has not applied for permission with the
MCD. Since the plaintiff has already had permission from the
SDM office, the MCD is directed to consider the application of
the plaintiff for giving permission to use the said vacant land for
holding Chhat Pooja subject to submission of requisite NOCs
from police and fire department and submission of requisite fee.
The plaintiff shall not hold Chhat Pooja from the said vacant land
without the requisite permission from MCD as well as the other
departments.
12. Application under Order 39 Rules 1 and 2 CPC is
disposed off in terms of the directions given above.
List the matter for further proceedings on 07.12.2024.
Copy of this order be given dasti to the parties.
(NAINA GUPTA)
JSCC-cum-ASCJ-cum-GJ
North-West, Rohini Courts
Delhi/06.11.2024
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