AMRIT PAL Vs. MUNICIPAL CORPORATION, BATHINDA

JUDGEMENT

(1.) The present regular second appeal has been directed against the judgments and decrees passed by the courts below whereby suit filed by Smt. Kamla Devi now represented by her legal representative was dismissed by the trial court and the findings recorded by the trial court were affirmed in appeal.

(2.) The facts relevant for disposal of the present appeal are that the plaintiff filed suit for permanent injunction restraining the defendant (Municipal Corporation, Bathinda) from demolishing any part of the building bearing MC No.17265, described in the head note of the plaint. It is averred that she is owner in possession of the suit property as she purchased it from Makhan Lal and Chiman Lal vide sale deeds No. 4392 and 4393 dated 24.10.1988 respectively. After having purchased the plot, she raised construction which is more than 10 years old. Defendant never raised any objection with regard to construction and the same is deemed to have been sanctioned as per provisions of Punjab Municipal Act, 1911 (in short "the Act"). The defendant illegally, arbitrarily and against the provisions of Act issued notice No. 170/B dated 19.7.2005 and 188/B dated 12.8.2005 under Sections 246 and 246A of the Act. According to the plaintiff, the aforesaid notices are illegal, null and void as the building in question was constructed on a plot purchased by her and the same is not recorded under any Town Planning Scheme (in short "T.P.Scheme").

(3.) The defendant filed the written statement and in turn challenged maintainability of the suit in the present form; locus standi of the plaintiff to file the suit and statutory notice as required under the provisions of the Act was not served. The property in dispute falls in T.P.Scheme-2 part III which was sanctioned by the Punjab Government vide notification dated 2.3.1977. As per the said scheme, there is a public park and a part thereof measuring 35 feet x 30 feet has been encroached upon by the plaintiff. T.P.Scheme-2 Part III was duly framed as per provisions of Section 191(1)(C) of the Act duly published in the newspaper and objections were invited from general public. After following due procedure, the scheme was sanctioned by the Punjab Government and it was amended vide letter dated 31.1.1989. The plaintiff purchased the suit property after sanction and implementation of T.P.Scheme and as such the vendors of the plaintiff are not owners of the property in dispute. The notices issued by the Corporation are legal and valid being in exercise of statutory powers under the Act.