JANAK RAJ MANCHANDA Vs. NOTIFIED AREA COMMITTEE

JUDGEMENT

(1.) THIS is plaintiffs Regular Second Appeal whereby the suit for declaration and permanent prohibitory injunction seeking permission to raise construction over the plot purchased by him from Gram Panchayat Mani Majra-predecessor-in-intest of notified area committee has been declined by both the Courts below.

(2.) BRIEFLY put, the plaintiff filed a suit for declaration, recovery of damages and for permanent injunction alleging that Gram Panchayat, Mani Majra, auctioned block of some plots out of its land on Old Ropar road, Mani Majra. Plot No. 1 was purchased by Ram Saran Dass etc. and plot No. 2 was purchased by Bansi Ram alias Bansi Lal vide a registered sale deed. Possession of plot No. 2 too was delivered to Bansi Ram before the registration of the sale deed. Said Bansi Ram filed an application on August 15, 1973 for permission to erect the building thereupon. Shri K. P. Bhalla, Sarpanch of the Gram Panchayat, granted permission on August 17, 1973.

(3.) IT is further alleged that Bansi Ram, however, did not raise any construction and sold the same with possession in favour of the plaintiff vide sale deed dated May 6, 1983. It has further been alleged that Shri Ram Saran Dass etc. owners of plot No. 1 which adjoins plot No. 2 of the plaintiff, applied for sanction of the building plan and were allowed to raise construction thereupon. Presently, a shop exists on this plot i. e. plot No. 1.