BHAGWANI DEVI Vs. NOTIFIED AREA COMMITTEE

JUDGEMENT

(1.) SUIT of Smt. Bhagwani Devi for permanent injunction against Notified Area Committee was decreed leaving the parties to bear their own costs, by the learned Subordinate Judge First Class, Mahendergarh, vide his judgment and decree, dated April 19, 1977, restraining the defendant from demolishing the Chabutra and sun shade of the house of plaintiff. It was made clear that the judgment shall not affect that rights of the defendant Municipal Committee for getting the encroachment removed if and when needed in any indiscriminate and general move of removal of encroachment from the Municipal road in question.

(2.) FEELING aggrieved, the Notified Area Committee preferred an appeal against the said judgment and decree. The learned Additional District Judge, Narnaul, heard the appeal and set aside the judgment and decree of the trial Court and dismissed the suit of the plaintiff, vide his judgment and decree dated August 20, 1979.

(3.) FACTS are that Bhagwani Devi is owner in possession of the house fully described in para No. 1 of the plaint. She gave the boundaries as East, Pucca Road, West, House of plaintiff and common thoroughfare, North, House and shop of Thakur Mangaj Singh, South, House of Bhana Ram, Kumhar. It was alleged by her that she got the house constructed after getting its site plan approved on January 16, 1975 from the Municipal Committee Mahendergarh, vide its Resolution No. 13, and the construction was made in accordance with the approved site plan. It was further alleged that in the site plan, the position of the house and that of the Chabutara were shown by the plaintiff. The width of the Chabutra was IM-15 CM and length was 15m-30 CM. According to her, the Chabutra was already in existence in front of her old house. After the site plan was got approved, the Chabutra was made pucca one in place of old kacha one, and no encroachment was made on the Municipal land. The construction was completed in January, 1975. The Municipal Committee issued notice Exhibit D2 under section 181 (2) of the Haryana Municipal Act, 1973 (for short, the Act) asking the plaintiff to remove the Chabutara, on the allegation that the Chabutara was an encroachment on the Municipal land and that it was built without approval of the Municipal Committee. She pleaded that the Chabutara was neither encroachment on the Municipal land nor was it built without approval. On receipt of that notice, she filed a suit for permanent injunction restraining the defendant from taking action in pursuance of the notice issued to her under section 181 (2) of the Act.