BHAGWANI DEVI Vs. NOTIFIED AREA COMMITTEE, MOHINDERGARH

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 the 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. Dissatisfied with the aforesaid judgment and decree of the first appellate Court, Bhagwani Devi has come to this Court by way of this Regular Second Appeal.

(3.) THE suit was contested by the Municipal Committee, inter alia, on the grounds that plaintiff had built the chabutra without approval by encroaching upon some portion of the Municipal land and that land under the chabutra vested in the Municipal Committee. The plaintiff had no concern with that land. The chabutra having been built without approval and encroaching upon the Municipal land, the Municipal Committee has a right and authority to get that chabutra demolished. It was further pleaded that several other chabutras which were made without approval and by way of encroachment on the public street were got removed by the Municipal Committee and there was no kacha chabutra earlier. The pleadings of the parties gave rise to the following Issues :