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2003 DIGILAW 125 (DEL)

S. BALJIT SINGH v. INTERNATIONAL AIRPORT AUTHORITY OF INDIA

2003-02-05

J.D.KAPOOR

body2003
J. D. KAPOOR ( 1 ) THIS is a suit for declaration and permanent injunction. The plaintiffs are the residents of village Bharthal, Tehsil Mehrauli. They have sought the injunction against the defendant no. 1 International Airport Authority of India for restraining them from raising construction on the wall of the suit of the plaintiffs farm house resulting in the closure of the access to the 120 feet wide road to Bijwasan. ( 2 ) THE stand taken by defdt. no. 1 is that the said access is their private property and, therefore, the plaintiff have no locus standi to seek declaration or injunction against them. Now, it is admitted by counsel for the defendant that the defendant made a statement in the writ petition no. 2013/99 and in another two writ petitions that the suit land was proposed to be sold to DDA for the purpose of the extension of the national high way and/ therefore, the question of construction on the wall of the plaintiffs farm houses does not arise. ( 3 ) IN view of this subsequent development, the access to the 120 feet wide road which is now going to be made available by extending the national highway cannot be denied to plaintiffs. As such the suit is decreed in terms of prayer (b) of para 20 of the plaint.