The High Court dismissed the second appeal filed by Ram Dev against permanent injunctions. The court found the appeal devoid of merit as the appellant admitted the suit property fell within a sanctioned public road under the Town Planning Scheme.
The second appeal was dismissed with no relief granted to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.597 of 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.597 of 2012 (O&M)
Date of Decision: February 13, 2012
Ram Dev
.......Appellant
Versus
Municipal Corporation, Bathinda .......Respondent and Kamla and others ...........Proforma-respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present: Mr.Deepak Aggarwal, Advocate for the appellant.
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TEJINDER SINGH DHINDSA, J.
CM No.1692-C of 2012
This is an application seeking condonation of delay of 568 days in filing the present second appeal. The application is duly supported by an affidavit of appellant Ram Dev.
RSA No.597 of 2012
4 . Plaintiff-appellant Ram Dev is in second appeal before this Court having remained unsuccessful in both the Courts below.
RSA No.597 of 2012 (O&M)
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dispossessing them as regards property measuring 513 sq. yards comprised in khasra No.5183/4937 khewat No.1380, khatauni No.5866 situated at Patti Mehna, Bathinda and further praying to restrain the defendant from demolishing any part of construction raised by them and also from making any kind of encroachment on the suit property. It was pleaded that the plaintiffs had purchased the suit property vide registered sale-deed dated 4.6.1971 and the mutation on the basis thereof had also been sanctioned. The plaintiffs had constructed a residential house in 300 sq.yards of the plot and the remaining 213 sq.yards of plot was lying vacant. Even though, the defendant-Municipal Corporation had no right or concern with the suit property yet they were threatening to encroach upon the same as also to demolish the constructed part of the suit property and, accordingly, the suit had been filed.
RSA No.597 of 2012 (O&M)
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RSA No.597 of 2012 (O&M)
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testimony had himself conceded that as per the TP Scheme, the Municipal Corporation had brick-paved a 40' road. It was also admitted that the suit property fell within such 40' wide road and as such, formed part and parcel of the brick-paved area meant for public purpose. The Town Planning Scheme of the year 1987 has not been challenged by the plaintiffs.
( TEJINDER SINGH DHINDSA ) FEBRUARY 13, 2012 JUDGE SRM
Note: Whether to be referred to Reporter? Yes/No
1 issue framed by the court
Whether the second appeal by the appellant has any merit considering the Town Planning Scheme and prior court orders.
Ram Dev
Municipal Corporation, Bathinda
Tejinder Singh Dhillon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
