VALLI ABA KUTCHI Vs. NASIK MUNICIPALITY

JUDGEMENT

(1.) The plaintiff purchased an old dilapidated house in Nasik bearing Municipal No, 759, and abutting the Gayadhani Lane on the south for Rs. 10,000, by a sale deed, Exhibit 68, dated May 29, 1922. On June 26 following, he applied to the Municipality for permission to build a new house on the site thereof. The Chief Officer, thereupon, ordered that he should leave a space of eight feet on the south side all along the whole length of his house, which was eighty- nine feet seven inches from east to west, for being incorporated into the street adjoining it, and build on the remaining portion.

(2.) That was an illegal order. Admittedly, when the plaintiff asked for permission to build, a regular line of the street had not been prescribed. The Chief Officer could not order the plaintiff to set back his land. He could only lay down in what manner the new building should be erected having regard to the provisions of the Act.

(3.) The plaintiff then appealed to the general body on September 11, 1922, and that body resolved, on March 12, 1923, that the proposed new building should be set back to the extent of only three feet on the south side and compensation should be paid to him for the setback. The plaintiff appears to have agreed to give up the strip of his land, three feet wide, to the Municipality, and so far it may be said there was an agreement. But it is an agreement which it is impossible for any Court to carry into effect on account of its uncertainty. It is not possible for the Court to decide for the parties what should be the price to be paid by the Municipality for the land that the plaintiff agreed to give up to them.