SANGMARMAR INDIA PVT LTD Vs. MUNICIPAL BOARD MAKARANA

JUDGEMENT

(1.) WHAT is the reason for filing this petition is mentioned in para 13 of the petition namely, that a general notice dated 6. 2. 96 (Annex. 10) issued by the authorities whereby the people of that area at large were informed that many encroachments at thorough fares are made at the end of the roads by putting up stones of various types, wood, bhati, tables and benches, chhapers and cabins. It has further been stated in the notice that near the Station and Main Bazar and public places have been practically blocked by putting up hand carts which is obstructing the ingress and outgress. These illegal encroachments were to be removed within a period of 7 days otherwise the Municipal Board will do it at the cost of the concerned persons. The petitioner apprehends that because of this notice, the construction put up by it on the land in question may be demolished by the respondents though the said land was converted and the permission was also obtained by the petitioner for establishing a factory. From the reply affidavit, it is clear that the fact that the land was converted and permission was obtained by the petitioner for establishing a factory is totally immaterial because the petitioner was not at all authorised to have construction over the land falling in the road boundary. Even if any such permission was given, then it is dehors the law and the petitioner cannot claim any vested right in it for having construction on the land and/or preventing the respondents from demolishing the construction if any such construction is already put up by it.

(2.) THE petitioner has joined three respondents namely, (1) Municipal Board, Makrana, (2) Chairman, Municipal Board, Makrana and (3) District Collector, Nagaur and made two prayers namely, (i) the respondents be restrained from interferring into the possession of the Petitioner over the land purchased by the petitioner by Annex. 1 and by way of compromise from Shri Bholuram, if there be any, and (ii) If for any reason the Respondents are able to dis-possess the petitioner from the land and demolition is undertaken then the respondents may kindly be directed to hand over the possession of the land taken from the petitioner back to the petitioner alongwith the compensation for demolishing the construction which exists on the land.

(3.) IT appears that while issuing notice to the other side on this petition, on stay petition also, notice was ordered to be issued and while issuing notice, the parties were ordered to maintain status quo. Perhaps because of that, the petitioner is not disturbed till today.