MUNICIPAL BOARD KISHANGARH Vs. CHAND MAL AND COMPANY

JUDGEMENT

(1.) The land in question (area 4500 sq. yards), in respect of which the respondent had obtained a decree for permanent injunction against the appellant, was sanctioned for allotment by the State Govt. on 28-11-1964 and in pursuance thereof the Collector, Ajmer, executed a ninety nine years' lease in favour of respondent on 16-12-1964. The appellant, namely, Municipal Board, Kishangarh, claimed the land to have vested in it as it was not cultivated since 1944. The Board claimed to be in possession over the land over which a cattle fair was held every year for one week beginning from the day succeeding Deepawali. The respondent wanted to raise construction on that land, but the Collector restrained him from raising the constructions whereupon the respondent filed Writ Petition No. 763 of 1966 in the High Court which was allowed on 11-11-1966 and it was held that the Collector could not, by a mere executive order, restrain the respondent from raising constructions. The High Court, however, made it clear that it would be open to the Municipal Board to proceed according to law if the constructions were raised in contravention of the provisions of the Rajasthan Municipalities Act, 1959.

(2.) When the respondent made another attempt to raise constructions, the Municipal Board intervened and prevented the respondent from raising those constructions whereupon the respondent filed a suit for permanent injunction in the Court of Munsif, Ajmer. The suit was decreed on 12-11-1968. The appeal filed by the appellant before the District Judge was dismissed and the decree passed by the Munsif was upheld, but it was observed that if constructions were raised in contravention of the provisions of S. 170 of the Rajasthan Municipalities Act, it would be open to the Board to stop the constructions.

(3.) Second Appeal filed by the appellant-Board in the High Court was dismissed on 8-1-1973. The observations of the District Judge with regard to the effect of S. 170 of the Act were not disturbed by the High Court. Consequently, when the respondent started raising constructions on the suit land without obtaining the permission from the Board under S. 170 of the Act, the Board again intervened in the matter. It was at this stage that the respondent put the decree for injunction to execution which was resisted by the appellant who filed objections under S. 47, CPC claiming, inter alia, that the respondent was not entitled to raise any constructions on the land in question without the permission of the Municipal Board, but the objections were dismissed and the order was upheld in appeal by the High Court.