CITY OF NAGPUR MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER Vs. SHAILENDRA KUMAR S/O LATE BHIMRAJ CHAJJAD

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 3.3.2003 passed by the Joint Civil Judge, Junior Division, Nagpur in R.C.S.No.838/2002 and confirmed by the District Judge 7 Nagpur in R.C.A.No.209/2003 by judgment dated 28.4.2010.

(2.) The facts in nutshell are thus: The plaintiff respondent herein is owner of the house bearing Municipal Corporation No.77 Sheet no.77, City Survey No.1913, situated at Residency Road, Sadar, Nagpur which is described in detail in paragraph 2 of the judgment of the trial court [in short suit house]. The suit house was constructed by the respondent in the year 1984. On 3.4.2002 the notice was issued under section 286(2) of the City of Nagpur Corporation Act [in short C.N.C.Act] stating that construction of the house is not in accordance with the map. In tern plaintiff issued a statutory notice under section 384 C.N.C.Act, which was followed by the filing of the suit.

(3.) The defendant resisted the suit. The learned trial court framed as many as three issues. It was held that the notice dated 3.4.2002 was illegal and void since it was proved by the plaintiff that whatever construction carried out by the him, was as per sanctioned plan.