NANDED MUNICIPAL COUNCIL Vs. MOHD YUSUF MOHD RAMJAN

JUDGEMENT

(1.) THIS Second Appeal is filed by Nanded Municipal council and arises out of the judgment and decree datad 30/7/1983, passed by Joint Civil Judge, Junior Division, Nanded in Regular Civil Suit No. 454/ 1981 and the judgment and decree dated 30/6/1986, passed by learned additional District Judge, Nanded in Regular Civil Appeal No. 229/1983.

(2.) A suit was brought by present respondent/ original plaintiff against the present appellant/ Municipal Council, Nanded for perpetual injunction. The plaintiff intended to undertake construction of a wooden and tin shed on an open land belonging to Gurudwara Board, Nanded in survey No. 25. This land admeasuring 25' x 30' from Survey No. 25 was taken by the plaintiff on lease. The plaintiff sent a notice under the provisions of Section 189 of the Maharashtra Municipal Councils, Nagar panchayats and Industrial Townships Act, 1965 (hereinafter referred to as 'the Act' for short ). After having sent the aforesaid notice, he took water connection and applied for electricity connection to M. S. E. B. No objection Certificate was obtained from defendant - Municipal Council. The Municipal Council neither granted the permission nor refused it. After having waited for specified period, the plaintiff undertook the construction work and completed it. He erected tin shed, to which Municipal council Nanded allotted Municipal No. 1-12-462/1.

(3.) THE Municipal Council, however, after some time, issued a notice to the plaintiff for demolition of the tin shed. The case of the plaintiff in the trial court was that this act of defendant Council was illegal and in contravention of the provisions contained in Section 189 (6) of the Act.