MUNICIPALITY OF TRIMBAK Vs. RAMCHANDRA KISAN AHER

JUDGEMENT

(1.) The short question for decision in this appeal is whether the word "acquire" in this case means the acquisition by the defendant-Municipality under the Land Acquisition Act or whether it Includes the acquisition by the defendant- Municipality by way of private purchases also and this question arises in the following manner:--

(2.) The plaintiff is the owner of City Survey Nos. 728, 729 and 730, situated within the Municipal limits of Trimbak in Nasik District, Immediately to the south and east of the plaintiff's property, there are public roads and there are open spaces, in question, on the other end of that road. These open spaces also are located within the Municipal limits of Trimbak Municipality. These open spaces are being leased out by the Trimbak Municipality for the purpose of business stalls. The plaintiff has got his shops and a rice mill abutting on that road. Previously, this road was a very narrow one and the Municipal Council decided to widen the road and that is why it acquired many properties lying beyond that line and actually widened the road. Most of these properties were acquired by private purchases from different owners, The plaintiffs property is located in bazar area and to the east of the road in question, there is river-bed of river Godawari. The river-bed is covered by the Government by constructing a slab. It appears that the Municipality wanted permission from the Government to lease out portions on this slab to businessmen, but the Government refused permission for such leases. Thereafter, the Municipal Council wanted to lease out portions from the public road, close to the slab on the west, thereby reducing the width of the road. It may be mentioned here that the properties were acquired by the Municipal Council for widening the road and even in this background, the Municipal Council wanted to lease out the open spaces so as to reduce the width of the road. The plaintiff alleged that if the Municipal Council is allowed to lease out the portion of public street to private business, the width of the road would be reduced and would materially affect his business. Hence, he filed a suit for perpetual injunction against the Municipal Council restraining the Council from leasing out the open spaces for private business purposes.

(3.) The defendant-Municipal Council resisted the plaintiff's claim. The Municipal Council denied that the properties were acquired by it only for the purposes of widening the road. The Council denied that the Government refused permission for leasing out the portions on the slab. Similarly, the Council denied that the open spaces that are being leas-ed out by it are portions of a public street. It denied that the plaintiff's right is being affected in any manner by way of obstruction. The Council contended that it had right to utilise its property in any manner within the limits of the Municipal Act that is applicable.