( 1 ) THIS order will dispose of I. A. 12694/92 an application filed by the plaintiffs under Order 39 Rules 1 and 2 of the Code of Civil Procedure and another application being I. A. No. 12795/92 filed by defendant No. 1 under Order 39 Rule 4 of the Code of Civil Procedure. The plaintiffs have prayed for grant of interim injunction against defendant No. 1 restraining it from engaging in any construction activity, either of demolition or addition or iteration in the front block of existing building called sagar Apartments at 6, Tilak Marg, New Delhi. An ex parte interim order was passed on 16th October, 1992 restraining defendant No. 1 from engaging in any construction activity including demolition /addition/alteration in the front block of the existing building called sagar Apartments at 6. Tilak Marg. New Delhi. Defendant No. 1 moved I. A. 12795/92 under Order 39 Rule4 of the Code of Civil Procedure for vacation of the said ex parte interim order.

( 2 ) THE plaintiffs have filed the present suit for declaration, injunction and rendition of accounts. The plaintif No. 1 is an Association of flat owners in the building known as sagar Apartments while the other plaintiffs are some of the flat owners in the said multi-storeyed building. Defendant No. 1 M/s Sequoia Construction (Pvt.) Ltd. is the promotor/builder of the said multi-storeyed building complex. Defendant No. 2 is New Delhi Municipal Committee while defendant No. 3, is the Union of india through the Secretary, Ministry of Urban Development and the Land and Development Officer. The declaration sought in the present suit is that the areas and amenities listed in schedule a , to the plaint are "common areas and facilities" appurtenent to the apartments and that defendant No. 1 or anyone claiming through it is not entitled to claim any right, title or interest therein of whatsoever nature. Further the declaration is sought that defendant No. l has no right to make any construction of whatsoever nature either by way of addition, alteration or modification or in any other mannerin the building complex. The mandatory injunction is sought against the New Delhi Municipal Committee defendant No. 2 to demolish all illegal and unauthorised construction in the said building. Plaintiffs have also prayed for permanent injunction to restrain defendant No. l from engaging in any construction activity in the aforesaid building. Plaintiffs have also sought rendition of accounts from defendant No. 1 regarding the amounts collected by the said defendant from the plaintiffs on account of ground rent/lease money and by way of claims of compensation from Insurance Company, non-utilisation of collection made on account of fire fighting installation etc.

( 3 ) DEFENDANT No. 1 is a construction Company. It acquired the lease hold rights with Vs. Sequoia Construction (P) Ltd. and Ors. respect to the plot No. 6, Tilak Marg,new Delhi and got plans sanctioned for construction of a malti-storeyed building thereon. The lease deed with respect to the plot was executed by the President of India through the Land and Development Officer, New Delhi in favour of defendant No. l on 18th December, 1970. On 31st May, 1971 the New Delhi Municipal Committee sanctioned building plans for construction of 68 dwelling units (56 in the Tower Block and 0l2 in the Front Block) on the said plot. The permissible FAR (Floor Area Ratio) at that time was 150.

( 4 ) AS per information supplied by defendant No. l vide affidavit dated 20th January ,1993, a fresh plan was sanctioned by the New Delhi Municipal Committee on 11th March,1977 whereby construction of 11 dwelling units (1 in Tower Block and 10 in the Front Block) was permitted. In Pursuance of these sanctions 79 flats were constructed and a completion certificate was obtained on 26th July, 1979. Sanction for one more flat in the Front Block was obtained on 1st February, 1980 and the same was added as per the sanction. It is admitted on behalf o