The right to property is inviolable and sacred, and no one may be deprived of it without public necessity and just indemnity, as per the Land Revenue Act and the Right to Fair Compensation Act, 2013.

JUDGMENT

Gurbir Singh, J. - Challenge in this revision petition is to judgment dated 02.05.2023 (Annexure P-1), passed by learned Additional Sessions Judge, Ludhiana in Civil Misc. Appeal No.95 of 2023 dated 20.03.2023, whereby appeal against the order dated 17.03.2023 (Annexure P-2), passed by learned Civil Judge (Junior Division), Ludhiana, on an application moved by the plaintiffs-petitioners under Order 39 Rule 1 and 2 CPC, for grant of temporary injunction, has been dismissed.

2. The petitioners (hereinafter called as - the plaintiffs) filed a suit for permanent injunction restraining the respondents etc. (hereinafter called as - the defendants) from interfering in peaceful possession or raising any construction or making any dump illegally and forcibly, over the plot measuring 832.55 sq. yds., comprised out of Khasra No.1018/1029, Khata No.793/851-1274/1376, situated at Taraf Saidan, H.B. No. 172, Tehsil and District Ludhiana, shown in red colour in the site plan attached and bounded as under :-

3. The case of the plaintiffs, in brief, is that they are the recorded owners of the above mentioned plot. The defendant Municipal Corporation, Ludhiana started making false claim over the suit property and is inclined to make dump on the suit property illegally and forcibly. The plaintiffs approached the Revenue Department and moved an application for demarcation of the suit property. As per the site plan prepared by the Revenue Officers, the suit property is the ownership of the plaintiffs and it has never been acquired by the defendants or any other Authority and the plaintiffs have never been granted any compensation for the construction of road or kacha path etc. over the suit land. The Assistant Town Planner, Municipal Corporation, sought clarification from the Sub-Divisional Magistrate, Ludhiana regarding the property in question as to whether the land in question belonged to the private party. It was certified by the Sub-Divisional Magistrate and Halqa Kanungo that the suit property mentioned in the report and in the site plan of demarcation, belonged to the plaintiffs. The plaintiffs also requested the officials of defendants that they had no right to interfere in the suit property. A legal notice was also served upon the defendants but to no avail. Defendants threatened the plaintiffs that they would make the dump over the suit property illegally and forcibly.

4. The defendants contested the application, filed reply raising preliminary objections about the maintainability of the suit and non-service of notice under Section 396 of the Punjab Municipal Corporation Act. It has been alleged that the suit has been filed with ulterior motive to cause obstruction in starting the construction work for installation of portable compactor for the welfare of general public. It has been further contended that under the Smart City Mission of Government of India, the State Government, vide its order dated 22.03.2016, constituted Ludhiana Smart City Ltd., under a special drive for the vehicles to steer and other developmental projects in the city of Ludhiana. In order to manage the garbage, it became imperative to check the same. For effective management of the solid waste of the area, it was decided to install a portable compactor at the above-stated open site. The Hon'ble National Green Tribunal was monitoring the work of local bodies for ensuring the compliance of Municipal Solid Waste Rules 2016. Objections were also raised qua locus standi and cause of action to file the suit. It has been further alleged in the reply that the plaintiffs intentionally and willfully have suppressed the factum with regard to the fact that garbage dump was existing over the suit property for the last more than 15 years and for the effective management of solid waste of the area, it has been decided to install a portable compactor.

5. Vide order dated 17.08.2022, passed by learned Civil Judge (Junior