Full Judgment Text
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PETITIONER:
WELFARE ASSOCIATION, SECTOR 7,URBAN ESTATE, FARIDABAD
Vs.
RESPONDENT:
RAJIV KAPOOR & ORS.
DATE OF JUDGMENT: 20/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
BHARUCHA S.P. (J)
PARIPOORNAN, K.S.(J)
CITATION:
JT 1996 (4) 94 1996 SCALE (3)337
ACT:
HEADNOTE:
JUDGMENT:
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
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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.