M. S. A Siddiqui, J.

( 1 ) BY this order, I propose to decide the following preliminary issue framed on 27. 4. 1998. Whether the suit is maintainable and whether the plaint is liable to be rejected as the plaintiffs are provided with an adequate and equally efficacious alternate remedy under the provisions of Sections 343 and 347 of the Delhi Municipal Corporation Act.

( 2 ) TO appreciate the merits of the controversy, it will be necessary to give brief narration of the material facts. The plaintiffs have filed the suit for a permanent injunction restraining the defendants from demolishing and/or sealing the whole or any portion of the property bearing Nos. 1142-1145, Gali Nos. 9 and 10, Abdul Rehman Street, Karol Bagh, New Delhi on the allegations that the defendant s threatened action for demolishing and/or sealing a portion of the building in question is violative of the principles of natural justice inasmuch as no predecisional notice was served on the plaintiffs.

( 3 ) THE defendant resisted the suit contending that after obtaining sanction of the plan, the plaintiffs constructed the building in question. On inspection, it was found that certain portion of the building was con

Click Here to Read the rest of this document