NAGAR PALIKA NIGAM Vs. RAM SAHAY VERMA

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Sec. 392 of the Chhattisgarh Municipal Corporation Act, 1956 (hereinafter called as "the Act of 1956"), the petitioner herein has preferred this revision petition against the impugned order dtd. 2/2/2015 passed by the District Judge, Bilaspur in MJC No.148/2012, whereby learned District Judge has allowed the application preferred by the respondent under Sec. 307(5) of the Act of 1956 and directed the petitioner to remove the construction and deliver the vacant possession of the suit land within two months from the date of passing of the order to the respondent herein.

(2.) Ram Sahay Verma, respondent herein has filed an application under Sec. 307(5) of the Act of 1956 stating inter-alia that he is the title holder of Nazul Plot No.4/2 and 5 situated at Jarhabhata, Bilaspur, in which his title has been affirmed by the trial Court, appellate Court and by this Court and he obtained possession of the said land on 12/3/1992. It was also pleaded that the petitioner herein, without obtaining permission from the respondent, has made construction on it. Therefore, such construction be removed in exercise of power conferred under Sec. 307(5) of the Act of 1956.

(3.) The above application was filed duly supported by an affidavit of the respondent. The application was registered by learned District Judge as MJC No.148/12 and notice was issued to the petitioner herein. Thereafter, reply was filed and ultimately the said application was allowed without holding any enquiry.