9911796707
TMI Blog2010 (10) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... possession of said land and no transfer of title should be there. There is no bar on parties in corresponding with authorities and seeking licenses /permissions /approvals of projects from Government in anticipation of succeeding in the litigation. However, it is directed that respondents during pendency of this petition shall not undertake any development activities over the land and shall not part with possession of the land to any third party and shall not transfer title of the land in question to any third party. Obtaining permission by respondents is at their own risk and costs as for that, there was no injunction granted by CLB. However it is made clear that if construction activities are done and status quo is altered, the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of land referred to in interim prayer (ix) of the application. Prayer (ix) of the application reads as under : "(ix)pass ex parte ad interim order restraining the Respondents, especially Respondent No. 5, from carrying out any development construction or other activity on land admeasuring 21 bighas 10 biswas in Village Mashobra contracted to be purchased by it on 12-1-2006 from Shri Prem Singh and his wife Smt. Kaushalya Devi, Respondent Nos. 12 and 13." 4. Thus, the above order dated 22-8-2007 was operative in respect of 21 Bighas 10 Biswas of land in Village Mashobra purchased from Shri Prem Singh and his wife Smt. Kaushalya Devi. 5. Status quo in respect of land means the parties should not disturb the factual situation i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for petitioner relied upon Delhi Development Authority (DDA) v. Skipper Construction Co. (P.) Ltd. [1997] 89 Comp. Cas. 362 (SC) and All Bengal Excise Licensees Association v. Raghabendra Singh [2007] 11 SCC 374 wherein Apex Court specifically observed that it was the duty of the Court to set right the wrong done in disobedience of a restrain order and not to allow perpetuation of the wrong doing. Such power is available under section 151 CPC and is bound to be exercised in the interest of justice and in public interest. 8. I consider that in view of the judgment in All Bengal Excise Licensees Association s case (supra), this Court is not powerless in passing an order so as to see that a violation of interim injunction does not continue. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of the land to any third party and shall not transfer title of the land in question to any third party. Obtaining permission by respondents is at their own risk and costs as for that, there was no injunction granted by CLB. However it is made clear that if construction activities are done and status quo is altered, the respondents shall be liable to restore the status of the land as it existed on the date of grant of injunction, at their costs and if it is not done by the respondents and a violation is undertaken by the respondents, the court shall be constrained to restore the position of the land in question as it existed on the date of status quo through Court Commissioner. 11. With above directions, the present application stands ..... X X X X Extracts X X X X X X X X Extracts X X X X
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