Welfare
Association, Faridabad Vs. Rajiv Kapoor & Ors [1996] INSC
427 (20 March 1996)
Ramaswamy,
K.Ramaswamy, K.Bharucha S.P. (J) Paripoornan, K.S.(J)
CITATION:
JT 1996 (4) 94 1996 SCALE (3)337
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
We
have heard learned counsel on both sides.
This
appeal by special leave arises from the order of the learned single Judge of
the High Court of Punjab & Haryana passed in Civil Revision Petition No.
1191 of 1995.
The
appellant-Association is seeking preservation of the green belt in Sector 7
marked in the plans prepared by the Faridabad Urban Development Authority. The
appellant had filed a civil suit for perpetual injunction refraining the
respondents from converting the green belt into a petrol pump to be run by the
first respondent. The trial Court, pending suit, though initially it had
granted ad-interim injunction, vacated the same. The District Judge held that
facie case for granting injunction was made out against the respondents.
Accordingly ad-interim injunction was granted.
On
revision, the High Court has vacated the order of the appellate Court and
affirmed that of the trial Court. Thus this appeal by special leave.
After
spending considerable time, in view of the material on record, we cannot hold
that the High Court is wholly unjustified in interfering with the order of the
appellate Court. However, since the suit is pending, we decline to go into the
merits of the case. Therefore, we are not inclined to interfere with the order
of the High Court.
However,
the observations and findings recorded by the courts below should not in any
way affect the final disposal of the suit. On the facts and circumstances of
this case, we think that the trial Judge should dispose of the suit as
expeditiously as possible within a period of four months from the date of
receipt of this order. Pending disposal of the suit, the first respondent is at
liberty to continue to run the petrol pump, as it exists today, without causing
any detriment to the environment. Any action taken by the first respondent
would be subject to the result in the suit. It is needless to mention that the
first respondent is not entitled to plead any equity at the time of disposal of
the suit.
The
appeal is disposed of accordingly. No costs.
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