Court’s interim order does not apply to acquired land and set backs
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The Himachal Pradesh High Court has given an important decision in the case related to the setback and the use of the acquired land for the road. The court said that the interim order of the court does not apply to the acquired land and set back of the road. Judge Vivek Singh Thakur gave this decision while dismissing the petition of petitioner Sandeep Kumar. The court said that a setback is a common area of a building that is maintained by all the occupants of the building along with an area open to the air, light, etc. in the adjoining buildings. Similarly, the width area of the acquired road is also a common-use area.
The occupants of the building and the occupants of the adjoining building use this area. Plaintiff Meena and others had taken a shop on rent for trading in tires. After making the contract of rent, the plaintiff started a business in the shop under the name of M/s Punjab Tyre. For this, he installed machines using the acquired land of set back and roads. The plaintiff filed a claim before the civil court against the landlord to set back and prevent the landlord from interfering with the use of the acquired land for the road. The court was told that the landlord was preventing the area from being used by setting back and parking the acquired land on the road.
The civil court passed orders on 4 April 2021 not to interfere with the use of the acquired land for set back and roads. These orders were challenged by the landlord by way of appeal before the District Court. The district court, while modifying the civil court’s order, had held that transfer orders cannot be passed in case of non-use of the acquired land for setback and road. This decision of the District Court was challenged by the tenant before the High Court. The High Court, after perusing the record relating to the matter, observed that the District Court had passed the correct judgment. The court held that the setback and the acquired land of the road are not the subject matter of the rental contract. Restraining orders cannot be passed against the tenant for using this area.
