IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.506 of 2009 Date of decision : May 14, 2010 M/s Leela Resort Pvt. Ltd. & others …Petitioners. Versus Smt. Geeta Bhasin …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : M/s D.S. Patwalia & Vinod Thakur, Advocates. For the Respondent : Mr. Bhupinder Gupta, Senior Advocate, with M/s Neeraj Gupta & Ajit Jaswal, Advocates. Surjit Singh, J (Oral) Heard and gone through the record. 2. A suit has been filed by the plaintiff-respondent, who has purchased two flats in Leela Vihar, in village Lohanji of Solan District. Her case is that 17 structures, in all, were raised in the said Leela Vihar and those structures were sold to different persons and the sale deed contained a clause that the entire vacant area, that is to say the area lying vacant, after the construction of 17 structures, was to remain vacant for use by the occupiers/vendees of 17 structures. According to the plaintiff, the present defendants-petitioners, who had floated the scheme of Whether reporters of the local papers may be allowed to see the judgment? …2… those 17 structures, are now planning and taking steps to raise construction on some of the vacant area, which according to her, measures 12000 square feet. Alongwith the plaint, plaintiff-respondent also filed an application, under Order 39 Rules 1 & 2 of the Code of Civil Procedure, seeking temporary injunction restraining the defendants- petitioners from raising any construction upon any portion of Leela Vihar, pending disposal of the suit. 3. Learned trial Court, after issuing notice to the defendants-petitioners and hearing them, allowed the aforesaid application, vide order dated 19th November, 2008. Appeal carried by the defendants-petitioners to the District Judge stands dismissed. Now, they have filed the present petition, under Article 227 of the Constitution of India. 4. During the course of hearing, it has been stated, by both the sides, that the defendants-petitioners, who floated the scheme, had purchased the area from previous owner, named Het Ram. The total area, as per Jamabandi for the year 1997-98, which is available on record, was 8 bighas 8 biswas, or say 8.4 bighas. Total area of Leela Vihar, as held out to the prospective vendees, at the time of noting the scheme, was 75000 square feet. Seventeen structures were to be raised on this area and after construction of those structures, 12000 square feet area …3… was to remain vacant, for common use by the occupants of all the 17 structures. 5. Learned counsel representing the petitioners/ defendants submits that there is 574 square metres area, in addition to 75000 square feet area and it is on a portion of that 574 square metres area that the defendants-petitioners plan to raise construction. The submission, on the face of it, does not appear to be correct, because when the total area available with the petitioners was 8.4 bighas and 75000 square feet area, out of that area, had been utilized for the scheme, there could not have been left any other area with the defendants-petitioners. If 8.4 bighas area is converted into square feet, it should not be more than 75000 square feet. Area of one bigha, in metric units, is equivalent to around 800 square metres and one square metre area is equivalent to 10.76 square feet. If the multiplication is done, taking into consideration these figures, the area would fall short of even 75000 square feet, that is to say the total area, which the defendants- petitioners held out to have been earmarked/reserved for Leela Vihar Resort. 6. For the foregoing reasons, I see no merit in the petition. The same is, therefore, dismissed. Pending applications also stand disposed of. …4… Observations made hereinabove shall have no bearing on the merits of the main suit, because these observations have been made only for the purpose of deciding the present petition, under Article 227 of the Constitution of India, in which orders of temporary injunction passed by the Courts below have been challenged. May 14, 2010(sd) ( Surjit Singh ), J