DHUNDE CHAUDHRI Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for an injunction restraining the Municipal Board of Kunch from interfering with the plaintiff's construction on a certain piece of land. The plaintiff had given notice under Section 178 of the Municipalities Act to the Municipal Board for sanction to build upon it.

(2.) The Municipal Board, for reasons which are not material to consider, refused to grant sanction to build upon this piece of land. The plaintiff feeling himself aggrieved by that order appealed to the District Magistrate who confirmed it.

(3.) He then instituted the present suit and alleged that the land on which he wanted to build being his own land and not a street, the Municipal Board had no right to refuse permission or prevent him from building upon it. The Municipal Board took up the position that the land was in fact a street within the meaning of the Act and also that they had full power to refuse the sanction and therefore the claim was barred under Section 321 of the Municipalities Act.