MUNICIPAL COMMITTEE/COUNCIL Vs. VIMLA DEVI

JUDGEMENT

(1.) Petitioner/Municipal Committee/Council has preferred this revision petition against the order dated 24.05.2019 passed by the Executing Court/Additional Civil Judge (Senior Division), Jalalabad(W), vide which the application filed by the petitioner/judgment debtor for dismissal of the execution petition filed by the decree holders/respondents No.1 and 2 for enforcement of the decree for mandatory injunction being time barred was dismissed.

(2.) Some facts are necessary to be noticed. In the year 1979, Municipal Committee/Council, Jalalabad had taken the land of respondents No.1 and 2 for carving out streets without acquiring the same. Respondents No.1 and 2 filed a suit for mandatory injunction, directing the Municipal Committee/Council, Jalalabad for implementing the building scheme Nos.1 and 2 after assessing the compensation as per demarcation made by Patwari on 27.05.1985 after removing the illegal construction made by the petitioner and respondents No.3 to 5 in the shape of shop on the land of the plaintiffs/respondents No.1 and 2 herein with the consequential relief of permanent injunction, restraining the Municipal Committee/Council, Jalalabad from making construction on the land of the plaintiffs/respondents No.1 and 2 without demarcation and from demolishing the construction made by the plaintiffs/respondents No.1 and 2.

(3.) Trial Court dismissed the suit vide judgment and decree dated 21.12.1993 merely on the ground that the plaintiffs have failed to establish how much land was acquired and further if at all, the plaintiffs wanted the compensation for the land, they could move the proper Forum for compensation. Trial Court further recorded a finding that the relief of mandatory injunction cannot be granted since there was no breach of obligation specially when the plaintiffs have their legal remedies before the appropriate authority who has acquired the land for assessment of the compensation and for payment of the same.