STATE OF RAJASTHAN Vs. MUNICIPAL BOARD ALLAHABAD

JUDGEMENT

(1.) This appeal by special leave is against the judgment and decree of the High court of Allahabad dated 16/11/1976 passed in First Appeal No. 208 of 1957.

(2.) The appellant herein, the State of Rajasthan, filed a suit for decla- ration and permanent injunction against the respondent-Municipal Board, Allahabad on the premises that His Highness the Maharaja of Jaipur was the Muhfidar of 35 acres of land of the identity disclosed in the plaint and in the assertion of that right had all along been realising tehbazari or ground rent from the vendors, itinerants, shopkeepers etc. who were selling articles on shops in the bazar or elsewhere within those 35 acres; but since the Municipal Board had raised a counter claim thereon a declaration was necessary in favour of the State of Rajasthan being the successor of His Highness the Maharaja of Jaipur, and a permanent injunction restraining the Municipal Board, Allahabad from interfering with such right of the appellant to realise dues or ground rent, as the case may be. The appellant was successful in getting the suit decreed before the trial court, but the High court of Allahabad in first appeal reversedthat decision insofar as the claim to the collection of tehbazari etc. was concerned, which has led to the instant appeal.

(3.) We have heard learned counsel. Both courts below have found a that the Maharaja of Jaipur was the Muhfidar of 35 acres of land, location and identity of which stands established as per findings of the trial court, it has also been found as a fact that two prominent roads by the name of Zahural Hasan Road and Chintamani Ghosh Road lie in the said disputed area of 35 acres. Now Section 219) of the U. P. Municipalities Act defines the expression "public street" and Section 116-G of the Act declares that all public streets and the pavements, stones and the other materials thereon as also all trees, erections, materials, implements and things existing on or appearing on such street shall vest in and belong to the Board and shall, with all other property which may become vested in the court be under its direction, management and control. The aforesaid two roads having been factually found to be "public streets" within the meaning of Section 219 and thus having vested statutorily in the Board under Section 116-G, the Board gets the power under Section 209 of the Act to sanction user in terms thereof and charge thereon tehbazari under Section 220.