Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harnaresh Singh Gill
Mahender Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners sought injunction against toll plaza construction. (Para 2 , 3) |
| 2. court upheld dismissal of injunction application based on no ingress/egress. (Para 4 , 8) |
| 3. counsel claims error in lower courts' assessment. (Para 6 , 7) |
| 4. court dismissed petition for lack of merit. (Para 9) |
Harnaresh Singh Gill, J.
Challenge in the present petition is to the orders passed by the Courts below, whereby an application filed by the petitioners under Order 39 Rules 1 and 2 CPC has been dismissed.
2. The petitioners had filed a suit for permanent injunction restraining the defendants from constructing the walls for Toll Plaza on the land comprised in Khewat No. 116 Min/109, Khatauni No. 145 min, Khasra No. 7//7/2 (2-17), 13(3-13) Kitas 2, measuring 6 kanals 10 marlas, situated within the revenue estate of village Ahmadwas.
3. Along with the said suit, the petitioners had also filed an application under Order 39 Rules 1 and 2 CPC for grant of temporary injunction.
4. The trial Court dismissed said application vide order dated 08.06.2020 holding that Aks-shajra produced by the petitioner-plaintiffs revealed that it was not a rasta as alleged by them and as such the
The court upheld the statutory bar under Section 41 (ha) of the Specific Relief Act, limiting injunctive relief against public development projects such as the construction of a Toll Plaza on Nationa....
The appellate court must adhere to statutory provisions, and an injunction may be granted subject to due process requirements, even under the Control of National Highways Act.
Court upheld a community sanitation complex project's legality over a land dispute, emphasizing public interest and rejecting the plaintiff's claims of obstruction.
Encroachments make further widening of existing roads in response to growing traffic.
Writ petitions became infructuous due to the government halting toll plaza operations, leaving petitioners free to take further action if necessary.
The decision of technical experts should be carefully considered, and public projects of national importance should not be lightly interfered with by the Court.
The necessity to establish prima facie evidence for the grant of temporary injunction in property disputes, and the right of property owners to protect their property.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
