IMPROVEMENT TRUST Vs. SATINDER KAUR

JUDGEMENT

(1.) This appeal is by the defendant-Improvement Trust, Bhatinda filed against the judgment and decree of Additional District Judge dated February 20, 1987 allowing the appeal filed by the plaintiff and decreeing the suit in toto. Senior Sub Judge Bhatinda vide his judgment and decree dated April 19, 1986 partly decreed the suit for the grant of permanent injunction restraining the defendant from demolishing portion of the house of the plaintiff which was not mentioned in the report Exh. dated 3rd November, 1984 submitted by D.W. 1, Ajaib Singh Patwari. The suit was dismissed qua the portion of the building which was constructed after notification of the development scheme.

(2.) The facts relevant for decision of the appeal are not in dispute. Briefly they are as under :-

(3.) The trial Court partly decreed the suit as already stated above with respect to the construction which had already been raised before December 6, 1984 and restrained the defendant from demolishing such construction. With respect to the construction raised thereafter, the suit was dismissed. The lower appellate Court held that notice issued was otherwise illegal and decreed the suit in its entirety. Two questions have been debated by the learned counsel for the appellant. Firstly, on enforcement of the scheme under the Punjab Town Improvement Act, further construction could not be raised. Secondly, the scheme was sanctioned within three years of the publication of the notice issued under Section 36 of the aforesaid Act and thus notice issued under Section 195 of the Punjab Municipal Act by the Improvement Trust was valid. I find no force in these contentions. Notification/notice under Section 36 of the Punjab Town Improvement Act was issued on January 9, 1984. After sanctioning of the scheme by the Government, notification under Section 42 of the Act was to be published within three years of the notice issued under Section 36 of the Act as provided under proviso to Section 42 which reads as under :-