SIRI PAUL Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The learned Counsel for the Petitioners stated that under Section 192 of the Punjab Municipal Act, the Municipal Committee cannot take possession of built area for a town planning scheme. On behalf of the Municipal Committee a preliminary objection is raised that the Petitioners have filed a civil suit in which they have been able to get an injunction against the Municipal Committee and for that reason present writ petition should not be entertained. Mr. Mittal on the other hand submitted that in the civil suit he contested the not be under Section 172 of the said Act on the ground that the sanction for the building could net be rescinded by the Municipal Committee and during the pendency of that case the Petitioners came to know from the written statement that the Municipal Committee has adopted a town planning scheme.

(2.) We have no reason to disbelieve the statement made by Mr. Mittal, Evidently, the scope of the civil suit and the present writ petition is entirely different but the plea raised by Mr. Doabia is equally forceful that the Petitioners can amend the plaint and can take all the points which they have taken in this writ petition. According to him, these disputed questions of fact can more properly be adjudicated upon by the civil court. We uphold the objection raised by Mr. Doabia. It shall be open to the Petitioners to amend the plaint filed by them within three months from today. The Municipal Committee shall raise no objection against the amendment sought to be introduced in the plaint. If the Petitioners do amend the plaint, the civil suit shall be decided in accordance with law. With these observations, this petition is dismissed as pre-mature.Q