PRAVEEN NEHRU Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 06.12.2010, passed by the learned Additional District Judge, Shimla, H.P. in Civil Appeal No. 1 -S/13 of 2009.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the Appellant -Plaintiff (hereinafter referred to as 'the Plaintiff ' for convenience sake), has alleged that he alongwith his brother, namely, Tarun Nehru and mother, namely, Sheela Nehru are co -owners of land comprised in Khewat Khatauni No. 2/2, Khasra No. 1441, situated at Mauja Kareru, Tehsil and District Shimla, H.P., as per Jamabandi for the year 1997 -98. The predecessor -in -interest of the Plaintiff had constructed a small single storied structure (hereinafter called as suit property), for the purpose of storing grass and other purposes subservient to agriculture. Plaintiff came to know about the passing of order dated 01.11.2003 for demolition of the structure situated on the suit land by M.C. Shimla, under Section 253 of the Himachal Pradesh Municipal Corporation Act, 1994 (hereinafter referred to as the Act for brevity sake), without complying with the provisions of the Act and principles of natural justice. His brother and mother had filed an appeal against the order passed by Respondent No. 3 on 01.11.2003 before the learned District Judge, Shimla. The same was dismissed on 17.08.2005. The Municipal Corporation was executing the order dated 01.11.2003. Hence, the suit was filed for restraining the M.C., Shimla from executing the aforesaid order and further for declaring the order dated 01.11.2003 as well as the order dated 17.08.2005, passed by the learned District Judge, Shimla as wrong, illegal and not binding on the rights of the Plaintiff.

(3.) ACCORDING to the Respondent -Defendant (hereinafter referred to as 'the Defendant ' for convenience sake), the order dated 01.11.2003, passed by the Commissioner and order dated 17.08.2005, passed by the learned District Judge, Shimla are valid and had attained finality. The trial Court framed the issues on 21.09.2006. The suit was dismissed by the trial Court on 02.12.2008. Plaintiff preferred an appeal before the learned District Judge, which was dismissed on 06.12.2010.