SURAJ MAL Vs. MUNICIPAL BOARD BARAN

JUDGEMENT

(1.) THIS is second appeal by the plaintiffs in a suit for declaration and injunction brought by them against the Municipal Board, Baran, which was dismissed by the lower appellate court.

(2.) THE facts which have given rise to this appeal are these. THE plaintiffs own a building situated in the town of Baran abutting a street. It contains four shops abutting the road which had tin-sheds in front of them formerly. THE plaintiffs applied for permission to the Municipal Board for contracting a pucca verandah in place of these tin sheds and for constructing a Zaroka on the verandah on 22. 1. 49. By its order dated 9. 3. 49 the construction of the verandah was sanctioned, but the construction of the Zaroka was disallowed. THE plaintiff filed an appeal to the Municipal Board under sec. 318 of the U. P. Municipalities Act, 1916 which was applicable. This appeal was rejected on 31. 7. 49. THE plaintiffs filed another application on 22. 5. 50 under sec. 178 of the Act seeking permission to construct an upper storey over the verandah This permission was rejected by the Board on 29. 5. 50 under sec. 180 of the Act. In the meantime, the plaintiffs had actually started constructing an upper story over the verandah. THE Board accordingly issued notice to them asking them to demolish the construction so made by them. THE present suit was then filed by them challenging the validity of the order.