BHAJANJEET SINGH Vs. MUNICIPAL CORPORATION, BHOPAL

JUDGEMENT

(1.) THIS first appeal has been filed under Section 96 C.P.C. against the judgment and decree dated 20.03.1996, passed by learned First Additional Judge to the Court of District Judge, Bhopal in C.S. No.71-A/1989, whereby the suit of plaintiff has been dismissed.

(2.) IN brief, the suit of plaintiff is that on 30.08.1983, he obtained permission to raise construction of his house and thereafter in accordance with the sanctioned map, he built his house in between 30.05.1983 to 24.04.1989. During the period of six years, when the construction was going on, from time to time, engineers, inspectors and other employees of the Corporation were inspecting the building but they did not raise any objection nor gave any notice that the construction is not being raised according to the sanctioned plan. All of a sudden, on 25.04.1989, by sending notice of 24 hours, notice No.1268 has been sent to the plaintiff that he should remove illegal construction, failing which it will be dismantled. It has been further pleaded by plaintiff that before giving the notice, the measurement etc. of the impugned building was not made and the notice is totally silent that which part of the construction is in derogation of the sanctioned plan. Hence, in the plaint, it has been prayed that the notice of Corporation to remove alleged illegal construction be declared null and void and the defendant Municipal Corporation, Bhopal be restrained from dismantling the house of the plaintiff.

(3.) THE learned trial Court framed 3 issues and after recording the evidence of the parties, dismissed the suit. In this manner this appeal has been filed by the plaintiff/appellant.