R N CHAUDHARY Vs. MUNICIPAL BOARD SHAHJAHANPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India praying for a writ of mandamus commanding the respondents not to demolish the constructions of shops No. 92 to 99 and 191 situate in Mohalla Govindganj, Sadar Bazar, Shahjahanpur.

(2.) THE respondents arrayed in the writ petition are the Municipal Board, Shahjahanpur, the District Magistrate, Shahjahanpur and th6 Executive Engineer, Shahjahanpur. The allegations of the petitioner are that on the basis of a duly submitted plan sanctioned by the Municipal Board, Shahjahanpur he built the shops in question about ten years ago, that there is a Municipal Patri and a fairly wide road thereafter and behind the shops there is a Nala. It is alleged that the petitioner had been paying every months to the respondent No. 1, viz. the Board the required rent of the land which had been leased to him, that he made valuable constructions long ago but the employees of the respon dent Board had arrived on the spot and made measurement of the same and held out threat to demolish the front portion of the ground floor constructions of the aforesaid, shops, that no notice of any kind had been issued to or served on him.

(3.) IT is manifest from the allegations made in the counter affidavit of the Board that if they were accepted, the present case would be one of encroachments and projections covered by section 211 of the U.P. Muni cipalities Act. For detailed reasons contained in our judgment dated 28-10-1976 in Civil Misc. Writ No. 1854 of 1976 we are of the opinion that on a proper construction the notice issued under section 211 of the U.P. Municipalities Act for removing projections must be a written notice to the individual owner or occupier of the alleged encroachment or projections.