LAWS(MPH)-1992-11-3

MALKHANDAS Vs. OM PRAKASH

Decided On November 13, 1992
MALKHANDAS Appellant
V/S
OM PRAKASH Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of Civil Revision No. 291/91 (Admn. Municipal Corpn. v. Omprakash).

(2.) This revision application challenges the final order made by the District Court in a proceeding under S. 307(5) of the Municipal Corporations Act, 1956 (for short 'the Act').

(3.) The non-applicants Nos. 1, 2 and 3 had moved an application under S. 307(5) of the Act praying for removal of the alleged illegal construction being put up by the applicant. The non-applicants Nos. 1, 2 and 3 contended in their application that previously permission sought for the same construction was refused by the Municipal Corporation, but later on the permission was granted. According to the original applicants (non-applicants 1, 2, 3), openings and projections on the southern side have been sanctioned which would obstruct the front elevation of original applicants' house and would obstruct the light and air of the original applicants. It was also contended that the openings and projections have been allowed on the original applicants' private land. The applicant herein refuted the allegations and also challenged maintainability of the application u/S. 307(5) of the Act. It was also alleged that a regular suit is going on the same subject matter between the parties.