VASANT PERMANAND MULEY Vs. AURANGABAD MUNICIPAL COUNCIL

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree passed by the learned Jt. Civil Judge, Senior Division, Aurangabad, in Regular Civil Suit No. 184 of 1977, decided on 29th September, 1983, whereby the suit of the plaintiff was dismissed with compensatory costs of Rs. 100/- to each of defendant Nos. 1, 3, 6 to 8; which judgment and decree is further

(2.) Brief facts relevant for decision of this appeal may be stated as below:-

(3.) The plaintiff is the owner of Plot No. 82 of Bhagya Nagar, Aurangabad; whereas Govindrao Padalkar is owner of adjoining Plot No. 81. It is stated that said Govindrao Padalkar has made construction without leaving marginal open spaces in Plot No. 81 and has encroached into the plot of the plaintiff bearing Plot No. 82. Thus, there was unauthorised construction in violation of permission for construction. As a result, notice dated 19.5.1976, produced and proved at Exh. 86 was issued to Govindrao Padalkar by respondent No. 3-Chief Officer, stating that he ought to have left side margins while making construction in Plot No. 81 and has also encroached into Plot No. 82 as shown in the map annexed to the notice. Said encroachment and illegal construction should be demolished within a period of one month from the notice, otherwise said unauthorised construction and encroachment would be removed by the Municipal Council at the costs of Govindrao Padalkar. The order of demolition No. 8991 came to be passed by respondent No. 3-Chief Officer on 21st July, 1976. The present plaintiff has filed suit for damages for not implementing said order and