The petitioner before this Court filed original Suit No.596 of 2010 before Civil Judge (Senior Division), Gautam Budha Nagar for permanent injunction restraining the Noida Development through its Chief Executive Officer from interfering in peaceful possession of the petitioner over the property more appropriately described at the foot of the plaint. The petitioner also made a temporary injunction application and pressed for grant of ex parte injunction. The Trial Court on the application so filed held that no ex-parte injunction be granted and that notice on temporary injunction application be issued to the Noida authority fixing 8th July, 2010 as the date for the consideration of injunction application. Three days' time was granted to the plaintiff to take steps. It is against this order that the present writ petition has been filed. We have examined the facts on records and have heard the counsel for the petitioner. The plaint allegation are that the property in dispute has been purchased by the petitioner through registered sale deed on 14.06.2004,. Thereafter a site plan for raising constructions on the land was filed by the plaintiff before the Zila Panchayat which vide order dated 24.02.2003 approved the site plan for construction of the farm house. Accordingly construction over the land in question have been raised.
Prima facie the averment made do not appeal to the Court. If the petitoner purchased the property in 2004 no application for sanctioning the site plan before Zila Panchayat could have been made prior to it i.e. in the year 2003. The order sanctioning the map dated 24.02.2003 relied upon the plaintiff, therefore, does not inspire confidence. However, no final opinion is being expressed as the temporary injunction application is still to be decided. Learned counsel for the respondent points out that the disputed land is situated in an area covered by Section 3 of the U.P. Area Development Act, 1996 as per notification dated 11.07.1989. Therefore, in view of section 17 of Act, the Zila Panchayat will have no jurisdiction to entertain any application for sanction of a site plan.
In view of the aforesaid fact, it is not necessary for the Court to enter into the merits of the dispute raised at this stage of the proceeding in as much as any finding on the issues raised may reflect upon the rights of the parties in the pending suit. Interest of justice would be served by providing that the Noida may file its objections to the temporary injunction application as including the plea of maintainability of the suit itself before the Trial court on or before 8thJuly, 2010, which is the next date fixed in the matter. The trial Court will proceed to consider the interim injunction application at the earlier without granting any unnecessary adjournment to the parties.
Writ petition stands disposed of.
Order Date :- 22.6.2010 Pr/-