CS(OS)No.234-237/2011

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THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Pronounced on: 10.02.2011

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CS(OS) No. 234/2011

RAM PRATAP SINGH NAYYAR

..…Plaintiff

- versus -

MUNICIPAL CORPORATION OF DELHI & ANR

.....Defendant

CS(OS) No. 235/2011

JOGINDER KAUR & ANR.

..…Plaintiff

- versus -

MUNICIPAL CORPORATION OF DELHI & ANR

.....Defendant

CS(OS) No. 236/2011

SMT. AMARJEET KAUR

..…Plaintiff

- versus -

MUNICIPAL CORPORATION OF DELHI & ANR

.....Defendant

CS(OS) No. 237/2011

JAGDISH KUMAR BAJAJ

..…Plaintiff

- versus -

MUNICIPAL CORPORATION OF DELHI & ANR

.....Defendant

Advocates who appeared in this case:

2011:DHC:836

CS(OS)No.234-237/2011

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For the Plaintiff: Mr. S.N. Gupta

For the Defendant: None.

CORAM:-

HON’BLE MR JUSTICE V.K. JAIN

1.Whether Reporters of local papers may

be allowed to see the judgment?

No

2.To be referred to the Reporter or not?

No

3.Whether the judgment should be reported

No

in Digest?

V.K. JAIN, J. (ORAL)

1.

These four suits are filed against Municipal

Corporation of Delhi seeking possession of land, recovery of

money and permanent injunction restraining the defendants

from constructing drain on the area alleged to be in their

unauthorized occupation.

2.

The land forming subject matter of Suit No.

234/2011 is underneath built up property measuring 150

sq. yards, bearing No.WZ-403, situated in the area of

Khayala Abadi Kanhiya Park alias Chand Nagar, New Delhi.

The land forming subject matter of Suit No. 235/2011 is

underneath built up property measuring 150 sq. yards,

bearing No.WZ-1, Plot No.3, situated Vishnu Garden, New

Delhi. The land forming subject matter of Suit No.

236/2011 is underneath built up property measuring 100

2011:DHC:836

CS(OS)No.234-237/2011

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sq. yards, bearing No.WZ-412, situated at Chand Nagar,

New Delhi. The land forming subject matter of Suit No.

237/2011 is underneath built up property measuring 250

sq. yards, bearing No.WZ-136A/3, situated at Vishnu

Garden, New Delhi. Along with the suits applications being

IA

Nos.

1560/2011,

1564/2011,

1569/2011

and

1573/2011 under Section 80(2) of the Code of Civil

Procedure have been filed seeking exemption from serving

notice under Section 80 of CPC.

3.

Section 478 of MCD Act to the extent it is relevant

provides that no suit shall be instituted against the

Corporation or against any municipal authority or against

any municipal officer or other municipal employee or

against any person acting under the order or direction of

any municipal authority or any municipal officer or other

municipal employee, in respect of any act done, or

purporting to have been done, in pursuance of this Act or

any rule, regulation or bye-law made thereunder until the

expiration of two months after notice in writing has been left

at the municipal office and, in the case of such officer,

employee or person, unless notice in writing has also been

delivered to him or left at his office or place of residence,

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CS(OS)No.234-237/2011

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and unless such notice states explicitly the cause of action,

the nature of the relief sought, the amount of compensation

claimed, and the name and place of residence of the

intending plaintiff, and unless the plaint contains a

statement that such notice has been so left or delivered.

Sub-Section (3) of the above referred Section

provides that the provisions of sub-section (1) shall not

apply to a suit in which the only relief claimed is an

injunction of which the object would be defeated by the

giving of the notice or the postponement of the institution of

the suit.

4.

The provisions of Section 478 of DMC Act are

analogous

to

provisions