MULTAN SINGH Vs. FARIDABAD COMPLEX ADMINISTRATION

JUDGEMENT

(1.) Unsuccessful plaintiff Multan Singh has filed the present appeal and it has been directed against the judgment and decree dated 18.3.1980, passed by the Court Additional District Judge, Gurgaon who affirmed the judgment and decree dated 6.12.1979 passed by the Sub Judge, 1st Class, Ballabgarh, who dismissed the suit of the plaintiff-appellant, for injunction as prayed for.

(2.) The brief facts of the case can be noticed in the following manner:-

(3.) The plaintiff filed a suit for permanent injunction against the Faridabad Complex Administration, on the allegations that he is owner in possession of three storey building situated in Faridabad old within the jurisdiction of Faridabad Complex Administration. He submitted the plan before the complex for its sanction to raise further construction in the house. The site plan was duly sanctioned on 16.7.1977. The plaintiff completed the construction in accordance with the sanctioned plan. The said construction was sanctioned by the officers/officials of the department from time to time. The plaintiff constructed a wall at point XY and of brick wall from points B to C. This construction was also sanctioned by the officers of the department but no objection was raised at the time of the constructions. Moreover, this construction was also in accordance with the sanctioned plan. The construction was completed upto October, 1977. However, the defendant issued a notice Under Section 235 of the Haryana Municipal Act (hereinafter referred to as the Act), asking the plaintiff to remove the alleged unauthorised construction in the shape of a brick Jali wall measuring 5ft x 5ft and 7 ft. x 3 ft. within six hours. According to the plaintiff, the said notice was received on 29.9.1978. The plaintiff alleged that he has not infringed any rule or regulation of the defendant. He has not made any encroachment on the land of the defendant nor he has contravened the sanctioned plan. Thus, the notice issued by the defendant Under Section 235 of the Act is illegal, unlawful and against the provisions of law.