NEELAM ARORA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) PETITIONERS as tenants have been residing in Building No. 9, Alley No. 12, Lower Bazar, Shimla - 171001, H.P. for the last more than 50 years. On 20th December, 2003 the present petition was filed alleging that private respondents No. 4 and 5, in front of the tenanted premises have started construction of a new building in violation of the existing law. Their objections and representation dated 31st January, 2003 and 4th February, 2003, made to Municipal Corporation - respondent No. 1 remain unattended and, therefore they have knocked the doors of the Court with the following prayers:

(2.) THE petition is resisted by the private respondents No. 4 and 5, on various grounds, inter alia, locus, delay and laches and misrepresentation of material facts. On merits, it is common case of all the respondents, as borne out from the record that in consonance with the provisions of the law. The respondents ' application for addition and alteration of the existing structure was allowed by the Municipal authority on 27th March, 1993 on the following terms:

(3.) THE representations and the complaint filed by the petitioners were considered and dropped vide Municipal Commissioner 'sorder dated 3rd January, 2004 on the ground that the construction being raised was in accordance with the approved plan.