NARAYANDAS S KANUGA Vs. SARASVATIBAI D JOSHI

JUDGEMENT

(1.) There is a rectangular plot of land abutted on two sides by road-on the south by B. J. Road and on the east Gram Panchayat Road. It measures 1895 Sq. Yards. Small plots of land, thirteen in number, were given to various persons by the owner who have built small shops of about nine feet high and they have been running the shops. The owner says they are licensees while the occupants say they are tenants. The Municipal Corporation and the owner say that the constructions are unauthorised and the former has issued notice for demolition. The owner wants to develop the plot and wants to build a multi-storeyed building. She offered the occupants accommodation in the building but they are not satisfied with what was offered and she had to file suits in Small Cause Court for eviction which are pending.

(2.) In the meantime she got the plans sanctioned on June 19, 1965. She had collected funds and materials ready. But as the occupants of the shops refused to vacate, to save time she approached the Corporation for permission to build a part of proposed building to which the corporation gave sanction on June 11, 1966.

(3.) The two appellants filed suits against her and the Corporation for injunction restraining the (construction of?) building on the ground that the construction violates the building bye-laws. The bye-laws alleged to be violated are: (1) that there should be distance of not less than 30 ft. between the two buildings and (2) on an average there should be a distance of about 50 ft. between the proposed construction and a public road. It may be stated that the property is situated at Goregoan. The plaintiffs do not allege that the construction affects them personally.