MUNICIPAL COMMITTEE, NARAINGARH Vs. RAM CHANDER

JUDGEMENT

(1.) The controversy here concerns land that the Municipal Committee, Naraingarh intends to develop into a park and market place by utilizing the grant given to it by the Government of Haryana for this purpose. Admittedly, some shops and khokhas have already been constructed thereon and sold out to various persons by the Municipal Committee.

(2.) The plaintiffs assert their ownership over the land in suit by virtue of being the proprietors of the village. The defendants, on the other hand, claim that the land in suit vested in the Gram Panchayat of village Naraingarh and later on the abolition of the Gram Panchayat, it came to vest in the Notified Area Committee, Naraingarh. A plea was also raised that the civil Court is barred from adjudicating upon the question whether or not the property in suit vested in the Gram Panchayat.

(3.) In support of their application for temporary injunction, the plaintiffs placed no documentary evidence on record to show even prima facie that they were in possession of any part of the land in suit. There is, on the other hand, the Jamabandi for the year 1977-78 which shows the Gram Panchayat to be the owner in possession of the land in suit.