IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 384 of 2008 Date of Decision : April 16, 2009 Sh. Ajay Kumar Petitioner Versus State of Himachal Pradesh and another. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Bipin C. Negi, Advocate, for the petitioner. For the respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. Anil Jaswal, Dy. Advocate General for respondent No. 1. Mr. Neel Kamal Sood, Advocate, for respondent No. 2. Sanjay Karol, J. (Oral) The appellant herein (referred to as plaintiff) filed a suit for declaration and permanent prohibitory injunction against the respondent Himachal Pradesh House and Urban Development Authority (hereinafter referred to as the defendant). The defendant had allotted to the plaintiff an HIG Plot No. 1 in Sector-6 Parwanoo, Tehsil Kasauli, District Solan, H.P. for total consideration of Rs. 4,23,540/-. In terms of the allotment letter, 1 Whether reports of Local Papers may be allowed to see the judgment? 2 sale consideration was partly deposited by the plaintiff but inspite of repeated reminders he failed to adhere to the terms and conditions of the allotment and consequently the defendant, having left with no option, cancelled the allotment. The defendant in the written statement inter alia raised preliminary objection that the suit was barred by doctrine of resjudicata as the plaintiff’s earlier suit bearing No. 466/1 of 1999 filed against the defendant stood dismissed on 27.8.2003. In any event the suit was not maintainable keeping in view the relevant provisions of the Himachal Pradesh Housing and Urban Development Authority Act, 2004. The plaintiff’s application for interim injunction under Order 39 Rules 1 and 2 CPC filed in the said suit was allowed by the trial Court and in terms of order dated 2.1.2007 the defendant was restrained from taking action against the plaintiff. The aggrieved defendant assailed the same before the first appellate Court by way of Civil Appeal No. 2.FTC/14 of 2007. In terms of the impugned order dated 12.9.2008 the Additional District Judge, Fast Track Court Solan, district Solan, H.P. vacated the injunction and set-aside the trial Court’s order. The first appellate Court considered the entire material and held that the plaintiff was not able to show a prima facie case, hence he was not entitled to any injunction. 3 The undisputed facts which have emerged from the record are that the possession of the plot was never delivered to the plaintiff by the defendant and on the said plot the defendant has constructed a residential house for its Executive Engineer by making an investment of Rs. 11 lacs. During the pendency of the present appeal the plaintiff had endeavored to seek an alternative allotment of a plot out of the discretionary quota. The matter was adjourned for the said purpose but however Mr. Neel Kamal Sood, learned counsel for the defendant has placed on record letter dated 9.4.2008 evidencing the fact that the plaintiff’s representation was rejected. It is settled position of law that for grant of interim injunction three essential ingredients namely (i) Prima facie case (ii) Balance of convenience (iii) Irreparable loss which cannot be compensated with money needs to be shown by the plaintiff. In the present case I am afraid none exists. Balance of convenience is definitely in favour of the defendant as they have raised construction on the land in question. Plaintiff has defaulted in adhering to the terms and conditions of allotment and his allotment stood cancelled. Hence the plaintiff’s application was rightly rejected by the first appellate Court. I see no infirmity, illegality or perversity in the impugned order passed by the first appellate Court. The appeal is dismissed, 4 being devoid of merits. It is clarified that observations made herein above shall have no bearing on the merits of the case. CMP 806 of 2008 The application is disposed of in view of the orders passed in the main appeal. (Sanjay Karol), Judge. April 16, 2009 (PK)