NEW Delhi: The high court has taken a serious view of the lower courts interfering and granting expert injunctions which the Municipal Corporation (MCD) tries to take action in cases of unauthorized constructions in the city. In an order passed in December the two judges Mr B.N. Kirpal and Mr Arun Kumar said if provisions of law have been complied with then we dare say no civil servant should interfere.” The only remedy available to the aggrieved persons is to appeal to the appellate tribunal of the MCD they said “This being so it is not open to them to seek any injunction from any civil court if the entire Corporation issuing to do is to enforce the law. We are indeed surprised that when action is proposed to be taken in accordance with the law by the MCD the civil courts therefore and grant expert injunctions.” Saying the aggrieved persons should file appeals they also said MCD should not pass any order.
Article extracted from this publication >> March 6, 1992