JAS RAJ Vs. MUNICIPAL BOARD BIKANER

JUDGEMENT

(1.) This is a second appeal by the plaintiff in a suit for declaration and injunction.

(2.) The appellant Jas Raj sued the Municipal Board, Bikaner on 16th July, 1947 on the allegations that he had built an overbridge to connect his two houses situate opposite to each other in Mohalla Girni at Bikaner, which was approved by the Municipal Board on 3rd February 1945, but on complaint by Bherundan to the City Improvement Committee, the Chief Engineer, as Vice-President of the Board, passed an order for its demolition on 21st August 1945 although the said officer had no power to do so. It was alleged that the City Improvement Committee was thereafter dissolved and its functions were vested in the Municipal Board and the said Board also gave notice on 7th June 1947 that the over-bridge be demolished within three days failing which it would be dismantled by the Board at the expense of the appellant. It was alleged that the Municipal Board had no authority to issue such notice, more particularly when the construction of the over-bridge had been approved by the Municipal Board on 3rd February 1945. It was prayed that the order of the Chief Engineer dated 21st August 1945 be declared null and void and the Municipal Board be restrained from demolishing the bridge.

(3.) The defendant pleaded that the plaintiff had first built a wooden over-bridge and the Revenue Commissioner, who dealt with such matters, had directed its demolition on 10th December 1942 and the same order was repeated by the Municipal Board on 1st July 1943. It was alleged that thereafter the Municipal Board reconsidered the matter and On 3rd February 1945, ordered that the wooden bridge may remain in the condition that existed, but prayer for grant of 'patta' to the plaintiff was refused. It was further alleged that the plaintiff thereafter, without any permission from the Board which was necessary, and in contravention of the Board's order dated 3rd February 1945, reconstructed the bridge in stone and mortar. The matter was considered by the authorities concerned and proper notices were issued for its demolition from time to time by competent authorities. The trial Court dismissed the suit and the same judgment was upheld on appeal.