##PAGE1##

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA-2668-1997

Municipal Commi%ee, Gurgaon . . . . Appellant

Vs.

Smt. Kasturi Devi . . . . Respondent

****

Reserved on: 24.02.2026

Pronounced on: 27.02.2026

Pronounced fully/opera7ve part: Fully

****

CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA

Argued by:- Mr. Anil Chawla, Advocate

for the appellant.

Mr. Abhinav Sood, Advocate and

Mr. Nitesh Jhanjhria, Advocate

for the respondent.

****

DEEPAK GUPTA, J.

The present Regular Second Appeal has been filed by the defen-

dant–Municipal Commi)ee, Gurugram assailing the concurrent findings

recorded by both the Courts below, whereby the suit ins+tuted by the plain+ff

Smt. Kasturi Devi seeking decree of perpetual injunc+on in respect of the prop-

erty in dispute was decreed by the learned trial Court vide judgment & decree

dated 15.04.1991, and the appeal preferred by the defendant was dismissed by

the learned First Appellate Court vide judgment & decree dated 27.09.1996.

2. For the sake of convenience and to avoid any confusion, the par-

+es shall be referred to as per their status before the learned trial Court. The

record of the trial Court available on DMS has been carefully perused.

3. Subject Ma(cid:11)er of Suit : The controversy relates to a plot measur-

ing 812 square yards, forming part of Khasra No. 252/2 (3169/252 min) situated

1 of 10

::: Downloaded on - 27-02-2026 21:45:28 :::

RSA-2668-1997

within the municipal limits known as 6-C, Shivaji Nagar, Gurugram (hereina>er

referred to as the suit property), which has been depicted by le)ers ABCD in red

colour in the site plan appended with the plaint.

4.1 Plain(cid:20)ff’s Case : As per the case of the plain+ff, she is the owner in

possession of the suit property by virtue of a family se)lement, whereby the

said plot was transferred to her by her husband Shri Ram Chander. It was

pleaded that Shri Ram Chander had earlier affirmed the plain+ff’s rights in Civil

Suit No. 237 of 13.3.84, decided on 30.03.1984. Shri Ram Chander himself had

become co-owner of the larger property through a sale deed dated 16.07.1963,

and in a mutual arrangement amongst co-sharers, the share comprising Khasra

No. 252/2 had fallen to his share.

4.2 It was further pleaded that the plain+ff intended to raise construc-

+on over the suit property and accordingly submi)ed an applica+on dated

01.05.1984 to the defendant-Commi)ee seeking sanc+on of the site plan along

with the requisite fee and plan. As no order was passed by the defendant within

a period of two months, the plain+ff claimed that in terms of Sec+on 205(2) of

the Haryana Municipal Act, the building plan stood deemed to have been sanc-

+oned. According to the plain+ff, in order to cover up its omission, the defen-

dant therea>er passed various proceedings and ul+mately rejected the applica-

+on for construc+on vide order dated 26.03.1985. Aggrieved thereof, the plain-

+ff preferred an appeal before the Deputy Commissioner, Gurugram, who re-

manded the ma)er with direc+ons to decide the same a>er proper measure-

ment of the plot. Measurement of the suit plot along with the adjoining plot of

Bal Kishan was therea>er carried out.

4.3 The plain+ff also relied upon an earlier decision of the Deputy

Commissioner dated 31.05.1982 as well as the report of the Town and Country

Planning Officer, which allegedly supported the plain+ff’s claim. It was further

alleged that despite these developments, the defendant intended to encroach

Page 2 of 10

2 of 10

::: Downloaded on - 27-02-2026 21:45:28 :::

RSA-2668-1997

upon the suit property by fencing it with barbed wires and by installing sign-

boards trea+ng it as municipal land.

4.4 With the above averments, the plain+ff sought a decree declaring

her ownership and possession over the suit property along with a decree of per-

manent injunc+on restraining the defendant from interfering with her posses-

sion or obstruc+ng construc+on in accordance with the submi)ed site plan.

5.1 Defendant’s Stand : The defendant-Municipal Commi)ee con-

tested the suit by filin