G.S. Singhvi, Chandramauli Kumar Prasad, JJ. - (1.) THIS petition filed against order dated 27th April, 2011 passed by the Division Bench of the Punjab and Haryana High Court dismissing the Letters Patent Appeal filed by the Petitioner against order dated 27th March, 2009 passed by the learned Single Judge dismissing the writ petition filed by him with cost of Rs. 25,000 cannot but be termed as frivolous piece of litigation.
(2.) SMT. Kheri Bai (predecessor of the Petitioner) submitted an application dated 11th October, 1995 to the Competent Authority of the Faridabad Municipal Corporation (for short, "the Corporation") for change of land use in respect of residential plot measuring 640 square yards, which she had purchased in 1962 and for permission to construct a commercial building comprising basement, ground floor and first floor. The Corporation granted permission for change of land use and also sanctioned the building plan. However, in complete disregard to the sanctioned plan and zoning regulations, SMT. Kheri Bai started huge unauthorised construction. The concerned authorities of the Corporation tried to persuade SMT. Kheri Bai to stop illegal construction, but she did not pay any heed to their advice and made unauthorised construction measuring about 7,450 square feet. After completing the construction, SMT. Kheri Bai made an application for regularisation of the illegal construction. The then Joint Commissioner of the Corporation obliged her subject to the payment of compounding fees amounting to Rs. 39,49,920. If the predecessor of the Petitioner had paid the amount, the gross violation of the sanctioned plan and the zoning regulations would have been regularised. However, instead of paying the compounding fees, Smt. Kheri Bai dragged the Corporation and the State Government into unwarranted litigation, which has culminated in the filing of this petition. She filed Civil Suit No. 816 of 1996 for grant of a declaration that the demand made by the Corporation is illegal. She also prayed for grant of a permanent injunction to restrain the functionaries of the Corporation from taking action against the illegal and unauthorised construction made by her. She also applied for temporary injunction but her prayer was rejected by the Trial Court and the first Appellate Court. In the revision filed by Smt. Kheri Bai the learned Single Judge of the High Court passed order dated 2nd September, 1998 which reads as under: Issue notice to the Respondents to show cause why revision be not admitted returnable on 16th September, 1998. The building of the Petitioner will not be demolished subject to the condition that the Petitioner deposits a sum of Rs. 20 lacs within two weeks from today. If the said amount is not deposited, the interim injunction shall be liable to vacated. Notice Dasti. If service is not effected on the Respondents then the injunction would be liable to be vacated. Smt. Kheri Bai did not deposit Rs. 20 lacs in terms of the aforesaid order.
(3.) THE suit filed by Smt. Kheri Bai was finally dismissed by the Trial Court vide judgment dated 7th January, 2000. She did not pursue the matter by filing an appeal. After her death, the Petitioner and other legal heirs of the deceased filed appeal along with an application for condonation of 1320 days delay. District Judge, Faridabad dismissed the appeal on the ground of delay and also on merits. Regular Second Appeal No. 2134/2004 filed by the Petitioner and other legal heirs of Smt. Kheri Bai was dismissed by the High Court on 7th April, 2005. After having lost the case in three Courts, the Petitioner tried his luck by filing a departmental appeal against the demand notice dated, 3rd April, 1996. The same was dismissed by Commissioner and Secretary to the Government of Haryana Urban Development Department vide order dated 7th December, 2004 with a direction that property bearing No. 21/12BPNIT, Faridabad be demolished.;