http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

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.