MUNICIPAL CORPORATION Vs. ARJAN KUMAR

JUDGEMENT

(1.) THIS judgment of mine will dispose of CWP No. 1239 of 1991 (Municipal Corporation v. Sewa Singh and another), CWP No. 5506 of 1992 (Municipal Corporation Amritsar v. Maltej Bhan and another) and CWP No. 6065 of 1992 (Municipal Corporation v. Arjun Kumar and another) involving identical questions of law and facts written statement was filed in CWP No. 6065 of 1992. As such the facts have been taken from that writ petition.

(2.) IN these writ petitions, the petitioner-Municipal Corporation Amritsar, has prayed for quashing the order of the District Judge, Amritsar, dated 10-5-1989, copy Annexure P-8 to the writ petition, vide which the appeal filed by respondent Arjan Kumar under Section 269 sub sections (2) of Punjab Municipal Corporation Act 1976 against the order of the Commissioner, Municipal Corporation, Amritsar dated 22-5- 1987, was accepted.

(3.) THE case of the petitioner, as set up in this writ petition, is that Arjan Kumar, respondent No. I had made encroachment on the Municipal Corporation land i. e. public property by making unauthorised construction on the area covered by "fasil Wall by fixing a shutter and window in the said wall on Ground Floor and windows on 1st floor towards outer circular road without seeking permission or sanction from the petitioner corporation.