GREEN VALLEY RESIDENTS WELFARE SOCIETY Vs. UTTARAKHAND PEYA JAL SANSADHAN VIKAS AVAM NIRMAN NIGAM
HIGH COURT OF UTTARAKHAND
Green Valley Residents Welfare Society
Uttarakhand Peya Jal Sansadhan Vikas Avam Nirman Nigam
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Prafulla C. Pant, J. -
(1.) HEARD .
(2.) THIS appeal is directed against the order dated 20.05.2013 passed by learned IInd Additional Civil Judge (Sr. Div.), Dehradun, in suit No. 152 of 2013, whereby the said court has rejected the application 6C2 for temporary injunction. Brief facts of the case are that the plaintiff/appellant is a society, registered under the Societies Registration Act, of the residents of Ansul Green Valley, Dehradun. A suit was filed by the plaintiff directing the defendant Nos. 1 & 2 to remove their possession from the property, mentioned in the schedule of the Plaint and demolish the structure raised by the defendant Nos. 1 & 2. It has been stated on behalf of plaintiff/appellant that Ansul Green Valley colony was developed and established in terms of sanctioned plan (approved by Mussoorie Dehradun Development Authority, Dehradun) and out of 6524.80 Sq.mtr., 14.19 percent of area was left as Green area. The plaintiff's concern is that defendants should not be allowed to raise Sewerage Treatment Plant (for short "STP") in the part of green area.
(3.) IT is admitted to the plaintiff that respondent No. 4 (Nagar Nigam, Dehradun) allotted the land of Khasra Nos. 353 and 360Kha measuring 1150 Sq.meter to defendant/respondent No. 1 (Uttarakhand Peya Jal Sansadhan Vikas Avam Nirman Nigam, Dehradun) for setting up and getting constructed the STP. In the written statement of defendant/respondent No. 2 in its paragraph No. 33, it has been pleaded that the STP is being set up on the aforesaid two plots (plot Nos. 353 and 360 Kha) in Jakhan area, allotted by Nagar Nigam, Dehradun.;
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