NEELAM AGARWAL Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This is plaintiff's first appeal under Section 96 of the Code of Civil Procedure, 1908 (for brevity 'the CPC') challenging the judgment and decree dated 6-1-2009 passed by the 10th Additional District Judge (Fast Track Court), Raipur, in civil suit No.13-A/2006 whereby and whereunder the appellant/plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) Plaintiff filed the suit for declaration for restraining the defendant Municipal Corporation, Raipur (for brevity 'the Corporation'), not to demolish the building constructed by her on the land owned and possessed by her bearing khasra No.221/10 and 221/14 situated at village Mathpuraina, Tahsil & District Raipur. Plaintiff also prayed that the said part of the building which has already been damaged by the Corporation be rebuild and compensate the plaintiff with further prayer for declaration that the memo issued by the Zone-6 of the Corporation dated 1-5-2006 treating the plaintiff as encroacher of the Government land, is illegal and contrary to law.

(3.) According to the plaintiff she is the owner in possession of land bearing khasra No.221/10 area 0.485 hectares and khasra No.221/14 area 0.324 hectare, situated at PH No.105, village Mathpuraina, Tahsil & District Raipur, which has been diverted for non-agriculture purposes was subjected to illegal demarcation and thereafter the part of the building constructed over the suit land has been demolished and the Corporation intends to demolish the remaining part although the plaintiff has obtained required building permission from the concerned Gram Panchayat as at the relevant time the area was included within the geographical limits of the Gram Panchayat and was later on included within the limits of the Corporation. Plaintiff further stated that the demarcation report obtained by the Corporation in collusion with the Revenue authorities is, prima facie, illegal for the reason that notice of the said demarcation was sent to the plaintiff at a different address than the one at which previous notices were served to the plaintiff.