THANESAR MUNICIPALITY Vs. KARAMVIR SINGH

JUDGEMENT

(1.) The defendant-Municipality, Thanesar has approached this Court through the appeal.

(2.) The plaintiff filed a suit for permanent injunction. It was claimed that he along with others were owner in possession of the land as detailed in the plaint. In the aforesaid land, the Municipal Committee has no right, title or interest. The defendant-committee had served a notice upon the plaintiff under Sections 208/209 of the Haryana Municipal Act, 1973 claiming that the plaintiff had raised construction without the prior permission of the defendant-Committee and as such the same was liable to be removed. It was claimed that the aforesaid notice was without jurisdiction and the construction was more than two years old on the date of the notice.

(3.) The defendant-Municipal Committee contested the suit. It was claimed that Khasra No. 204/7 is owned and possessed by the Municipal Committee and it had installed a tubewell therein. It was claimed that near Khasra "No. 204/7 unauthorised construction of one room for tethering cattle etc. had been raised by the plaintiff without permission of the defendant-Committee and as such notice u/s 28/209 of the Act was issued to the plaintiff which was legal and proper.