LAWS(P&H)-2003-8-85

HARISH KUMAR Vs. MUNICIPAL COMMITTEE

Decided On August 25, 2003
HARISH KUMAR Appellant
V/S
MUNICIPAL COMMITTEE Respondents

JUDGEMENT

(1.) THIS second appeal arises from a suit for injunction filed by the appellant-plaintiffs to restrain the respondent-Municipal Committee from enforcing its notice dated 27.1.1994 under Sections 208/209 of the Haryana Municipal Act, 1973 (hereinafter referred to as the 1973 Act), requiring the plaintiffs to remove constructions raised without any sanctioned plan and also from raising further construction.

(2.) CASE of the appellants is that they are owners of property called Liberty Complex for the last many yers and started construction of front portion abutting GT road after demolishing a portion of the existing construction. It is further stated that construction had been completed in March 1993 on the ground floor as well as the first floor. Thereafter, notice was given on 27.1.1994 which was beyond six months from the date of completion of construction. The property was duly assessed to house tax.

(3.) THE trial court decreed the suit inter-alia on the ground that notice was issued only to Harish Kumar and not to all the owners; the defendants failed to prove that illegal construction was within six months of the date of notice and also details of the illegal construction were not given.