Municipal Council Hanumangarh And Others vs Virendra Singh And Ors

Rekha Borana, J

The present two appeals arise out of the same judgment and decree dated 08.07.2009 passed by the Additional District Judge No.1, Hanumangarh in Civil Suit No.19/06 (CIS No.14/06).

The suit for declaration and permanent injunction was preferred by the plaintiffs with the submission that the land reserved for a playground/public park is being tried to be converted by the defendant Municipal Council, Hanumangarh for residential purposes and residential plots have been auctioned on the said land de-hors the law. The suit as preferred by the plaintiffs was decreed and the plots auctioned by the defendant Municipal Council were declared to be illegal and further, the Municipal Council was injuncted from developing any residential colony on the land in question.

It is against the said judgment and decree that the present two appeals have been preferred, first by the Municipal Council, Hanumangarh and second by the persons who had been allotted the plots on the land in question.

Learned counsel for the appellant Municipal Council as well as the allottees submits that an amicable settlement has been arrived into between the parties whereby the allottees of the land in question have been allotted alternative plots on different sites and on the land in question, a park has been developed.

Learned counsel for the plaintiffs respondents does not deny the said fact and admits that a park has been developed on the land in question. Therefore, learned counsel for the appellants in both the appeals, seeks permission to withdraw the present appeals.

However, learned counsel for the respondents defendants Nos.5 to 8 submits that they are the persons who had applied for allotment of plot on the land in question and had deposited 50% of the demanded amount. Although no plot was allotted to them but they have an equal right to be allotted an alternative land on some other site.

In the specific opinion of this Court, there being neither any appeal filed on behalf of the defendant Nos.5 to 8 nor any counter claim by them in the suit, they cannot be held entitled to any relief in the present appeal.

In view of the above submissions, the permission as prayed for is granted. The appeals are permitted to be withdrawn and are dismissed as such.

Needless to say that defendant respondent Nos.5 to 8 would be at liberty to approach the Municipal Council, Hanumangarh for redressal of their grievances, if any.

Stay petitions and all pending applications, if any, stand disposed of.