Put pithily, a town planning scheme (in short the 'scheme') of unbuilt area No.1 Part-II situated opposite Rudra Cinema, Kurukshetra, was notified/sanctioned under Section 203 of the Haryana Municipal Act, in which a public park was earmarked in khasra No.222/57 measuring 150'x47' having 16'x12' wide road on its Northern and Southern sides. The appellants, claiming themselves philanthropists carrying out social activities and also residents of Thanesar, District Kurukshetra, filed a suit in a representative capacity under Order 1 Rule 8 CPC in public interest at large, including their personal interest for declaration to the effect that the land shown in red and blue colours in the annexed site plan was a public park and road and thus was liable to be developed by respondents No.1 and 5 to 7. Direction was also sought against defendants No.5 to 7, their family members, servants and agents to restore the possession of the land earmarked for park and roads to defendants No.1 to 4 for development of the same as such. Further relief of permanent injunction was sought against defendants No.5 to 7 for restraining them from raising any construction over the alleged park or roads or alienating the same to third party and restraining defendants No.1 to 4 from sanctioning any building plan over the area left out for public use as park and roads.
