ANAND SWARUP MALIK Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) This is one of those cases where a rich litigant feels, and in fact convinces himself, that not only there is no law for the rich but such a litigant can also, with impugnity and without batting an eyelid, try and mislead the Court at every juncture. The facts, as will presently be set out, clearly bring this to light.

(2.) The plaintiff has filed the present suit along with anapplication under Order 39 Rules I and 2 and the prayer in the suit is for a permanent injunction restraining the defendant from taking demolition action or scaling of the premises bearing No. 7-A/1, W.E.A. Karol Bagh, New Delhi. The averments made in the plaint are that these premises were purchased by the plaintiff vide a registered deed dated 7th April, 1983 and thereafter a plan was submitted for demolishing the old structure and constructing a new building. It is alleged in the plaint that the building plans were approved by the Corporation and thereafter the building was constructed as per the building plans. It is further the case of the plaintiff that the building, when completed, was inspected and compounding fee of Rs. 210.00 was levied which meant that the building had been constructed according to the plans. According to the plaintiff, the electricity and water connections were also installed and the house tax has also been paid and the compounding fee was payable in respect of minor deviations which had taken place. The further case of the plaintiff is that the completion certificate was granted on 1st January, 1988 which conclusively proved that the building had been constructed according to the sanctioned plan.

(3.) According to the plaint, the plaintiff was surprised to find a demolition squad reaching the site on 24th April, 1988 attempting to demolish some portion the building which had been constructed. It is pleaded that no notice as prescribed under Section 343 of the Municipal Corporation Act had been served and the intended action which has been taken is illegal especially when the building has been constructed as per the sanctioned plan evidenced by the completion certificate.