DEEPAK JAIN Vs. MUNICIPAL COUNCIL AND ORS.

JUDGEMENT

(1.) THE petitioner is plaintiff no. 2 before the trial Court and seeks to invoke the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the orders passed by the Courts below. The learned trial Court dismissed the prayer of the plaintiffs for grant of ad interim injunction under Order XXXIX Rules 1 and 2 CPC which was affirmed in appeal. Respondents no. 3 and 4 herein are co -plaintiffs.

(2.) AJIT Kumar Jain father of the plaintiffs was the tenant in the shop in question. Ajit Kumar Jain having died on 24.03.2007, the tenancy devolved upon the plaintiffs. The intended action of the Municipal Council in serving notices to demolish dangerous structures is subject matter of challenge in the litigation pending before the trial Court.

(3.) RESPONDENTS no. 1 and 2 pleaded that Pankaj Singh, Junior Engineer of the respondent -council surveyed the town and prepared the report dated 05.09.2012 and found that 21 buildings situated in densely populated area are unfit and unsafe for human habitation. Accordingly, notices under Section 120 of the Haryana Municipal Act, 1973 (hereinafter referred to as "the Act") were issued. It was further stated that on the directions of Deputy Commissioner, Jind, Sub Divisional Engineer submitted report dated 11.01.2012 that the disputed property is unfit to use further. It was denied that the Executive Officer of Municipality does not have the power to issue notice.