CM(M) 862/2022

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$~3 (Appellate)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CM(M) 862/2022, CM APPL. 37035/2022 and CM APPL.

37036/2022

MS HNUNPUII

..... Petitioner

Through:

Mr. Gaichangpou Gangmei and

Mr. Yashvir Kumar, Advs. with petitioner in

person

versus

MUNICIPAL CORPORATION

OF DELHI & ANR.

..... Respondents

Through:

Mr. Ratul Sharma, Adv. for

MCD

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)

%

30.08.2022

1.

Ms. Hnunpuii resides in Flat No. B-503, S. B. Apartments,

situated opposite Tivoli Garden, Chattarpur, New Delhi-110074 (“the

suit property”, hereinafter). Mr. Rajender Ambawat (“Ambawat”

hereinafter), owns Shop No. 1 on the ground floor of the same

apartment block.

2.

Alleging that Ambawat was raising illegal and unauthorized

construction on the seventh and eighth floors of the suit property,

Hnunpuii instituted CS SCJ 165/2020 against Ambawat, also

impleading the Deputy Commissioner, Municipal Corporation of

Delhi (MCD) and the SHO, PS Mehrauli. Hnunpuii prayed, in her

2022:DHC:3344

CM(M) 862/2022

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suit, that the allegedly illegal and unauthorized construction, being

undertaken by Ambawat on the 7^th and 8^th floors of the suit property,

be directed to be demolished. The prayer clause in the suit read thus:

“It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:

(a)

passing a decree in the nature of permanent

injunction whereby restraining the defendant no. 1

from raising illegal and unauthorized construction of

the ongoing construction on the Seventh and Eighth

Floor (suit property) clearly shown in the site plan

Annexure-A over the Plot bearing No. 370 S.B.

Apartments, Khasra No. 619/21, Opposite Tivoli

Garden, Chhattarpur, New Delhi-110074, and

(b)

Pass a decree in the nature of mandatory

injunction in favour of the plaintiff and against the

defendant no. 2 and 3 thereby directing the defendant

no. 2 to demolish the entire illegal and unauthorized

ongoing construction at the seventh and eight Floor of

the Plot bearing No. 370 S.B. Apartments, Khasra No.

619/21, Opposite Tivoli Garden, Chhattarpur, New

Delhi-110074 and direct the defendant no. 3 to initiate

a legal action against the defendant no. 1 as warranted

under the law.

(c)

Pass any other or further order/direction in

favour of the plaintiff and against defendants.”

3.

MCD, in its written statement filed in response to the aforesaid

suit, i.e. CS SCJ 165/2020, alleged that the entire property at 370, S.B.

Apartments was unauthorized and booked for demolition.

4.

Admittedly taking a cue from the written statement filed by the

MCD in CS SCJ 165/2020, instituted by the petitioner against the

respondent, the respondent sued the petitioner vide CS SCJ 795/2021,

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CM(M) 862/2022

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seeking a direction to the MCD to demolish the allegedly illegal

construction carried out by the petitioner in Flat No. B-503, S.B.

Apartments, in her occupation and for a permanent injunction not to

carry out any such illegal construction in future.

5.

The suit candidly acknowledged the fact that the provocation

for the respondent to sue the petitioner arose from the written

statement filed by the MCD in SC SCJ 165/2020, in which the MCD

had take a stand that the entire property at 370, S.B. Apartment, was

unauthorized.

6.

The petitioner moved an application under Section 10 of the

Code of Civil Procedure, 1908 (CPC), seeking a stay of trial in CS

SCJ 795/2021, instituted by the respondent against the petitioner,

asserting that it involved identical and cognate issues, the outcome of

which could affect CS SCJ 165/2020, which was already pending.

7.

By the impugned order dated 1^st June 2022, the learned SCJ has

rejected the said application. The reasoning of the learned SCJ in

rejecting the application is to be found in the following passages in the

impugned order