IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION

GURUGRAM, HARYANA

Civil Suit No…………………….of 2024

IN THE MATTER OF:

Amit Kaushik (UID No. 5253-5719-8118)

S/o Sh. Radhey Shyam
Permanent Resident of: Plot No. 13
3rd Floor, Block-A, Pochanpur Extention
Sector 23, Bagdola, (South West) Delhi-110077
…PLAINTIFF
VERSUS

District Town Planner Gurugram (Planning)

Department of Town and Country Planning
Through its authorized officer:
HSVP (HUDA) Office Complex, Sector 14
Gurugram-Haryana
E-Mail: dtp6.gurugram.tcp@gmail.com
...DEFENDANT/S

SUIT FOR DECLARATION AND PERMANENT INJUNCTION

Hon’ble Sir,
The humble plaintiff, above named, most respectfully Showeth as

under:

1. That the plaintiff is a peace loving and law abiding citizen

of the nation and is residing at their above mentioned

address, along with his family members. The copy of UID

of the plaintiff is annexed herewith and marked as

Annexure P/1.
2. That the plaintiff being aggrieved by the arbitrary and

illegal act and conduct of the defendant, is approaching

this Hon’ble court by way of filing the present suit seeking

the relief of declaration and permanent injunction.

3. That the plaintiff is the owner in possession of a

commercial property bearing plot No. 018 in project “M3M

113 Market” Village Chauma, Sector 113, Tehsil and District

Gurugram, Haryana (hereinafter referred as “THE SAID

PROPERTY”) vide Conveyance Deed bearing Vasika No.

1809 Dated 11.05.2022 duly registered with the office of

Sub-Registrar Gurugram. The Copy of the mentioned

Conveyance deed is annexed herewith and marked as

Annexure P/2. It is important to mention over here that

at the time of the registration of the said Conveyance Deed

the property was merely a vacant commercial plot duly

developed by the builder concern.

4. That the plaintiff after purchasing the said property, the

plaintiff constructed the said property in a legal and lawful

manner by awarding the construction and development of

Civil-Structure, Electrical work to one M/s Nihal Buildwell

 Pvt. Ltd. The copy of Letter of award for construction and

development of civil-structure and electrical work is

annexed herewith and marked as Annexure P/3. It is

further important to mention over here that the plaintiff

constructed his said property in according to the norms of

the defendant and thereafter applied with the defendant

for issuance of Occupation Certificate (OC) of the said

property vide it application dated 18.08.2023 through his

architect namely Sh. Pawan Kumar Sharma. The copy of

receiving of the said application under the seal and

signature of the defendant is annexed herewith and

marked as Annexure P/4.

5. That after receipt of the application for issuance of

Occupation Certificate (OC), the defendant directed the

plaintiff to pay an amount of Rs 252000/- (Two Lacs and

Fifty Two Thousand Only) in the head of Labour Cess and

accordingly the plaintiff made the said payment vide E-

Payment Receipt dated 24.08.2023. The copy of the said

receipt dated 24.08.2023 is annexed herewith and marked

as Annexure P/5.
6. That after receiving the mentioned amount of Rs 252000/-

(Two Lacs and Fifty Two Thousand Only), the defendant

further directed the plaintiff to pay a further amount of Rs

53000/- (Fifty Three Thousand Only) against the head of

Composition Fee and the plaintiff made the further

payment of the said amount of Rs 53000/- (Fifty Three

Thousand Only) vide E-Payment Receipt dated 11.09.2023.

The copy of Said E-Payment Receipt dated 11.09.2023 is

annexed herewith and marked as Annexure P/6. It is

important to mention over here that apart from the

mentioned payment of amount/s, the plaintiff also made

other charges as well.

7. That finally the defendant after receiving all the dues and

found that all the structure of the property in order, issued

the Occupation Certificate (OC) to the plaintiff vide Memo

No. 8544 Dated 10.11.2023. The copy of the mentioned OC

is annexed herewith and marked as Annexure P/7.

8. That after receipt of the OC, the plaintiff started for

opening a restaurant in his mentioned commercial property

 and accordingly invested a huge amount in addition to

above.

9. That suddenly on 28.03.2024, the plaintiff received an

email from the office of his architect along with a letter

bearing Memo No. DTP (G)/2024/2405-06 dated

26.03.2024 and the plaintiff become shocked to know that

the defendant further demanding an additional amount of

Rs 1923400/- (Nineteen Lacs Twenty Three Thousand and

Four Hundred Only) in an illegal and unlawful manner and

further the defendant threatened the plaintiff that if the

plaintiff failed to pay the same within seven days from the

date of receipt of this notice then the defendant would

revoke/cancel the OC dated 10.11.2023. The hard copy of

E-mail dated 28.03.2024 received by the plaintiff from the

office of architect and annexed letter dated 26.03.2024 are

annexed herewith and marked as Annexure P/8 and

Annexure P/9 respectively.

10. That the act and conduct of the defendant is totally illegal,

null and void and not tangible in the eyes of law. It is

equally important that defendant, being the state

 instrumentally, is fasten a constitutional duty to protect the

fundamental rights of the citizens by the fundamental law

of the land i.e. ‘The Constitution of India’ but the above act

of the defendant put a serious question mark over the

integrity of the government agencies.

11. That apart from the violation of the constitutional mandate,

the defendant violated the statutory mandate as well. It is

well settled preposition of law that once the OC granted,

then the same cannot be revoked unless or until there is

violation of the terms and conditions of the issuance of OC

by the plaintiff. The defendant pronounced its order

without giving the proper opportunity of being heard and

thereby violated the principles of natural justice as well.

12. That the act and conduct of the defendant clearly shows

the mala fide intentions of the defendant as they are

adamant to extort the money from the plaintiff and if the

plaintiff failed to pay such a huge amount to the defendant

then they threatened to cancel the OC (Annexure P/7) in

an illegal and unlawful manner, which cannot be allowed at

 any costs as the same are against the fundamental

constitutionalism of the nation.

13. That the said property and the office of the defendant is

situated within the territorial jurisdiction of this Hon’ble court

and also the cause of action for filing the present suit arose,

within the territorial jurisdiction of this Hon’ble Court, hence

this Hon’ble Court has got jurisdiction to try and decide the

present suit.

14. That the cause of action to file the present suit arouse first

time on 28.03.2024, when the plaintiff received an email

from the office of his architect containing the notice dated

26.03.2024 issued by the defendant.

15. That the value of the suit both for the purposes of court fee

and jurisdiction is assessed at Rs. 200/- for which a court fee

stamp of Rs. 25/- has been affixed on the plaint.

PRAYER: THEREFORE, THIS HON’BLE COURT MAY GRACIOUSLY

BE PLEASED TO:

A) Pass a decree of declaration that the letter bearing memo

No. DTP (G)/2024/2405-06 dated 26.03.2024 issued by the

defendant, is null and void and having no effect over the

 rights, title or interest of the plaintiff, in the interest of

justice;

B) Pass a decree of permanent injunction and thereby the

defendant may kindly be restrained from taking any kind of

coercive action against the plaintiff on the strength of letter

bearing memo No. DTP (G)/2024/2405-06 dated

26.03.2024 issued by the defendant in any manner what so

ever, in the interest of justice;

C) A decree having the effect of permanent injunction and

thereby restrained the defendant from

cancellation/revocation of Occupation Certificate (Annexure

P/7) on the strength of letter bearing memo No. DTP

(G)/2024/2405-06 dated 26.03.2024, permanently, in the

interest of justice;

D) Any other order or directions which this Hon’ble court may

deem fit and appropriate, may also kindly be passed in

favour of the plaintiff and against the defendant, in the

interest of justice.

Signature___________________
PLAINTIFF
PLACE: GURUGRAM
DATE OF FILING: 01.04.2024
THROUGH: COUNSEL

Arun Sharma, Mohit Kumar

Ashwani & Ravinder
Kumar (Advocates)
Legal Square & Co.
C-159, Lawyers Chambers
Judicial Complex, Rajeev Chowk
Gurugram (Delhi/NCR)-122001
officelegalsquare@gmail.com
+91-124-2220532
+91-9910080532
VERIFICATION:

Verified by the plaintiff, above named, that the content of para

no. 1 to Para no. 9 of the above plaint are true and correct to the

best of my knowledge and rest to my belief and contents of para

No. 10 to 15 are legal in nature and the same are true and

correct as per legal advice and last para is the prayer to this

Hon’ble court.

VERIFIED AT GURUGRAM, ON THIS 1 ST DAY OF THE MONTH OF

APRIL 2024

Signature___________________
PLAINTIFF
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

IA No……………..of 2024
IN
Civil Suit No…………………….of 2024
IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

APPLICATION UNDER ORDER XXXIX RULES 1 & 2 READ

WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE,

1908 (AS AMENDED UP TO DATE)

Applicant/Plaintiff most respectfully showeth as under:

1. That the Applicant/Plaintiff are the peace loving and law

abiding citizen of India.

2. That the Applicant/Plaintiff has filed the accompanying suit

for Declaration and Permanent Injunction against the

defendant and the plaintiff/applicant craves leave of this

Hon’ble court to refer the averments made in the plaint and

the same may kindly be read as part and parcel of this

 application and the same have not been reproduced herein

for the sake of brevity.

3. That the Plaintiff has very good prima facie case in his

favour and there is every likelihood of succeeding in the

same.

4. That the balance of convenience also lies in the favour of

the Plaintiff and against the defendant.

5. That grant of the temporary injunction is sine-qua-non for

the justified disposal of the present suit.

6. That in case the relief prayed hereunder is not granted, the

plaintiff shall suffer irreparable loss and injury and on the

contrary no prejudice would be caused to the defendant in

case the relief prayed hereunder is granted in favour of the

plaintiff during the pendency of the suit.

PRAYER:
It is therefore this Hon’ble court may graciously be pleased to:
A) pass an ex-parte ad-interim injunction in favour of

Plaintiff/s and against the defendant and thereby restrained

the defendant their agents, legal attorneys, representative,

 employees or any other agency etc. from taking any kind of

coercive action against the plaintiff on the strength of letter

bearing memo No. DTP (G)/2024/2405-06 dated

26.03.2024 issued by the defendant in any manner what so

ever till the final disposal of the accompanying suit, in the

interest of justice;

B) Any other relief, which this Hon’ble court deems fit and

proper, in the facts and circumstances of the present case,

may also be granted in favour of plaintiff/applicant and

against the defendant/respondent, in the interest of justice.

Signature___________________
APPLICANT/PLAINTIFF
PLACE: GURUGRAM
DATE OF FILING: 01.04.2024
THROUGH: COUNSEL
Arun Sharma, Mohit Kumar
Ashwani & Ravinder Kumar (Advocates)
Legal Square & Co.
C-159, Lawyers Chambers
Judicial Complex, Rajeev Chowk
Gurugram (Delhi/NCR)-122001
officelegalsquare@gmail.com
+91-124-2220532
+91-9910080532
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

IA No……………..of 2024
IN
Civil Suit No…………………….of 2024
IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

APPLICATION UNDER SECTION 80 READ WITH SECTION

151 OF THE CODE OF CIVIL PROCEDURE, 1908 (AS

AMENDED UP TO DATE)

Applicant/Plaintiff most respectfully showeth as under:

1. That the Plaintiff is a peace loving and law abiding citizen

of India.

2. That the Plaintiff has filed the accompanying suit for

Declaration and Permanent Injunction against the

defendants (who is a state instrumentality) and the

plaintiff/applicant craves leave of this Hon’ble court to refer

the averments made in the plaint and the same may kindly
 be read as part and parcel of this application and the same

have not been reproduced herein for the sake of brevity.

3. That the Plaintiff has very good prima facie case in her

favour and there is every likelihood of succeeding in the

same.

4. That the relief sought in the accompanying suit is of

urgent nature and therefore immediate relief is required

from this Hon’ble court and the compliance of the mandate

of section 80 CPC would ultimately caused hardship to the

plaintiff/s and give undue advantage to the defendant in

the given facts and circumstances of the case in hand.

5. Hence the present application.

PRAYER:
It is therefore most respectfully prayed that this Hon’ble court

may pleased to allow the present application of the applicant and

thereby allow the applicant to file the present case without

serving a mandatory notice upon the defendant as per the

statute, in the interest of justice;

 Signature___________________
APPLICANT/PLAINTIFF
PLACE: GURUGRAM
DATE OF FILING: 01.04.2024
THROUGH: COUNSEL

Arun Sharma, Mohit Kumar

Ashwani & Ravinder Kumar (Advocates)
Legal Square & Co.
C-159, Lawyers Chambers
Judicial Complex, Rajeev Chowk
Gurugram (Delhi/NCR)-122001
officelegalsquare@gmail.com
+91-124-2220532
+91-9910080532
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

Civil Suit No…………………….of 2024

IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

AFFIDAVIT IN SUPPORT OF THE PLAINT

I, Amit Kaushik (UID No. 5253-5719-8118) Age about_____Yrs.

S/o Sh. Radhey Shyam, Permanent Resident of: Plot No. 13, 3 rd

Floor, Block-A, Pochanpur Extention Sector 23, Bagdola, (South

West) Delhi-110077, presently at Gurugram, Haryana do hereby

solemnly affirm and declare as under:

1. That I am the Plaintiff in the above-mentioned suit and am

well conversant with the facts and circumstances of the

case and hence competent to depose to this affidavit.

2. That I have gone through the contents of the

accompanying Suit and the contents of the same have

been drafted under my instructions by my counsel, and the

 contents of the same may be read as part and parcel of

this affidavit.

3. That the contents of the above affidavit are true to my

knowledge, no part of it is false and nothing material has

been concealed therein.

4. That all the annexure are the true copies of their respective

originals.

DEPONENT

VERIFICATION: Verified by the deponent named above, that

the contents of the above affidavit are true to my knowledge, no

part of it is false and nothing material has been concealed

therein.

VERIFIED AT GURUGRAM ON THIS 1st DAY OF APRIL 2024.

DEPONENT
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

IA No……………..of 2024
IN
Civil Suit No…………………….of 2024
IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

AFFIDAVIT IN SUPPORT OF THE APPLICATION UNDER

SECTION 80 READ WITH SECTION 151 OF THE CODE OF

CIVIL PROCEDURE 1908

I, Amit Kaushik (UID No. 5253-5719-8118) Age about_____Yrs.

S/o Sh. Radhey Shyam, Permanent Resident of: Plot No. 13, 3 rd

Floor, Block-A, Pochanpur Extention Sector 23, Bagdola, (South

West) Delhi-110077, presently at Gurugram, Haryana do hereby

solemnly affirm and declare as under:

1. That I am the Plaintiff/applicant in the above-mentioned

suit and am well conversant with the facts and

circumstances of the case and hence competent to depose

to this affidavit.
2. That I have gone through the contents of the

accompanying application under Section 80 CPC and the

contents of the same have been drafted under my

instructions by my counsel, and the contents of the same

may be read as part and parcel of this affidavit.

3. That the contents of the above affidavit are true to my

knowledge, no part of it is false and nothing material has

been concealed therein and the same has been explained

to me in my language vernacular.

4. That all the annexure are the true copies of their respective

originals.

DEPONENT

VERIFICATION:
Verified by the deponent named above, that the contents of the

above affidavit are true to my knowledge, no part of it is false

and nothing material has been concealed therein.

VERIFIED AT GURUGRAM ON THIS 1ST DAY OF APRIL 2024.

DEPONENT
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

IA No……………..of 2023
IN
Civil Suit No…………………….of 2023
IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

AFFIDAVIT IN SUPPORT OF THE APPLICATION UNDER

ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151

OF THE CODE OF CIVIL PROCEDURE 1908

I, Amit Kaushik (UID No. 5253-5719-8118) Age about_____Yrs.

S/o Sh. Radhey Shyam, Permanent Resident of: Plot No. 13, 3 rd

Floor, Block-A, Pochanpur Extention Sector 23, Bagdola, (South

West) Delhi-110077, presently at Gurugram, Haryana do hereby

solemnly affirm and declare as under:

1. That I am the Plaintiff/applicant in the above-mentioned

suit and am well conversant with the facts and

circumstances of the case and hence competent to depose

to this affidavit.
2. That I have gone through the contents of the

accompanying application under Order XXXIX CPC and the

contents of the same have been drafted under my

instructions by my counsel, and the contents of the same

may be read as part and parcel of this affidavit.

3. That the contents of the above affidavit are true to my

knowledge, no part of it is false and nothing material has

been concealed therein.

4. That all the annexure are the true copies of their respective

originals.

DEPONENT

VERIFICATION:
Verified by the deponent named above, that the contents of the

above affidavit are true to my knowledge, no part of it is false

and nothing material has been concealed therein.

VERIFIED AT GURUGRAM ON THIS 1ST DAY OF APRIL 2024.

DEPONENT
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

Civil Suit No…………………….of 2024

IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

MEMO OF PARTIES

Amit Kaushik (UID No. 5253-5719-8118)

S/o Sh. Radhey Shyam
Permanent Resident of: Plot No. 13
3rd Floor, Block-A, Pochanpur Extention
Sector 23, Bagdola, (South West) Delhi-110077
…PLAINTIFF
VERSUS

District Town Planner Gurugram (Planning)

Department of Town and Country Planning
Through its authorized officer:
HSVP (HUDA) Office Complex, Sector 14
Gurugram-Haryana
E-Mail: dtp6.gurugram.tcp@gmail.com
...DEFENDANT

Signature___________________
PLAINTIFF
PLACE: GURUGRAM
DATE OF FILING: 01.04.2024
THROUGH: COUNSEL

Arun Sharma, Mohit Kumar

Ashwani & Ravinder Kumar (Advocates)
Legal Square & Co.
C-159, Lawyers Chambers
Judicial Complex, Rajeev Chowk
Gurugram (Delhi/NCR)-122001
officelegalsquare@gmail.com
+91-124-2220532
+91-9910080532
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

Civil Suit No…………………….of 2024

IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

INDEX

Sr. No. Particulars Page No.

1 Memo of Parties
2 Suit along with affidavit
3 Application under Order XXXIX
Rules 1 & 2 along with affidavit

4 Application under Section 80 CPC

along with affidavit

4 List of documents along with

documents

5 Vakalatnama

Signature___________________
PLAINTIFF
PLACE: GURUGRAM
DATE OF FILING: 01.04.2024
THROUGH: COUNSEL
 Arun Sharma, Mohit Kumar
Ashwani & Ravinder Kumar (Advocates)
Legal Square & Co.
C-159, Lawyers Chambers
Judicial Complex, Rajeev Chowk
Gurugram (Delhi/NCR)-122001
officelegalsquare@gmail.com
+91-124-2220532
+91-9910080532
 IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION
GURUGRAM, HARYANA

Civil Suit No…………………….of 2024

IN THE MATTER OF:

Amit Kaushik ...PLAINTIFF

VERSUS

District Town Planner Gurugram (P) ...DEFENDANT

LIST OF DOCUMENTS

Sr. No. Particular Document Date Page No

1 Annexure P/1
Copy of the UID card
of the Plaintiff

2 Annexure P/2 11.05.2022

Copy of Conveyance
Deed

3 Annexure P/3 2023

Copy of Letter of
Award for
Construction

4 Annexure P/4 18.08.2023

Copy of Receiving of
Application

5 Annexure P/5 24.08.2023

Copy of payment
receipt for an amount
of Rs 252000/- (Two
Lacs Fifty Two
 Thousand Only)
6 Annexure P/6 11.09.2023
Copy of payment
receipt for an amount
of Rs 53000/- (Fifty
Three Thousand Only)

7. Annexure P/7 10.11.2023

Copy of Occupation
Certificate bearing
Memo No. 8544

8. Annexure P/8 28.03.2024

Copy of Email dated
28.03.2024

9. Annexure P/9 26.03.2024

Copy of impugned
letter bearing Memo
No. DTP
(G)/2024/2405-06

Signature___________________
PLAINTIFF
PLACE: GURUGRAM
DATE OF FILING: 01.04.2024
THROUGH: COUNSEL

Arun Sharma, Mohit Kumar

Ashwani & Ravinder Kumar (Advocates)
Legal Square & Co.
C-159, Lawyers Chambers
Judicial Complex, Rajeev Chowk
Gurugram (Delhi/NCR)-122001
officelegalsquare@gmail.com
+91-124-2220532
+91-9910080532