MARKANDEYA KATJU, C. J.

( 1 ) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 30. 11. 2005. Heard learned counsel for the parties and perused the record.

( 2 ) THE prayer in the writ petition was for a mandamus directing the respondents not to obstruct the petitioners to build up their driveway/boundary wall as per the sanctioned plan of the property over the land allotted to them by lease deed dated 26. 5. 1971. The petitioner has also prayed for a mandamus restraining the respondents from making any construction on the strip of land measuring 22. 6 ft. x 120 ft. in width on the eastern side of the petitioner"s house. Petitioner also prayed for a direction for demarcation of the property as per the lease deed and the sanctioned plan of the petitioner.

( 3 ) THE facts of the case are that the Land and Development Officer (L. and D. O.) had leased out a plot of land having demarcation admeasuring 1067 sq. yards situated at Plot No. DD-13 in Kalkaji Rehabilitation Colony, New Delhi to Shri o. P. Bhasin vide lease deed dated 26. 5. 1971. On the death of Shri O. P. Bhasin, same was substituted in the name of his legal heirs. The legal heirs of Shri o. P. Bhasin sold the property to M/s Ravi Industrial Promotions Limited and M/s giltedged Industrial Securities Limited.

( 4 ) THE petitioner claimed to be the lessee of the said property by virtue of the agreement to sell dated 28. 6. 95 with M/s Ravi Industrial Promotions Limited and m/s Giltedged Industrial Securities Limited. Copies of the agreement to sell and purchase are Annexure P-III to the writ petition.

( 5 ) IT is alleged in para 2 of the writ petition that MCD is trying to construct a pavement on the strip of land belonging to the petitioner.

( 6 ) M/s Ravi Industrial Promotions Limited and M/s Giltedged Industrial Securities limited had entered into an agreement on 24. 3. 93 with M/s Richi Industrial private Ltd for construction on the said plot of land and erection of a building comprising of basement, ground floor, first floor and second floor on the said plot of land vide MCD sanctioned plan and MCD Sanctioned Elevation Plan for the construction of the building dated 22. 9. 92. The copies of the said Sanctioned plans are Annexure P-II to the writ petition.

( 7 ) IT is alleged that by virtue of the aforesaid agreement M/s Richi Industrial private Limited became owner of 50% share of total constructed areas and common areas etc.

( 8 ) IT is alleged in para 3. 8 of the writ petition that as per the approved plan and schedule in the lease deed the driveway/parking space of area 22. 6 x 120 feet was to be maintained for the usage of petitioners for driveway/parking their vehicles etc. In front of the parking place/driveway there was a small passage connecting the "g" Block with the DD Block. It is alleged that the said passage had never been the main entrance of the G Block colony. It is alleged that G Block residents welfare association has constructed a gate thereon on their side enclosing their G Block which hardly opens for a very few hours and it is not a regular main connecting entrance of the said G Block colony. It is alleged that the said passage was converted into a lane with a mala-fide intention of residents of the G Block association in collusion with the respondents. Moreover, there exists a service lane between G Block and DD and pt Block colony on the south side of petitioners property.

( 9 ) IT is alleged in para 3. 13 of the petition that in the month of January 2001 the petitioners tried to construct a boundary wall for their driveway/parking space on the said strip admeasuring 22. 6 x 120 feet, but the residents welfare association of G Block objected to it and at their instance the local police intervened and stopped the petitioners from constructing the boundary wall covering the entire parking space of open area of land of their own being 22. 6 x 120 feet. By letter dated 14. 1. 2001 the SHO Police Stati

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