Judgment

AYYANGAR, J. : A very short question regarding the proper construction of the proviso to S. 4(1) of the Rajasthan City Municipal Appeals (Regulation) Act, 1950, is involved in this appeal which comes before us by virtue of special leave granted by this Court.

2. The facts giving rise to this appeal are briefly these: The respondent Mrs. Leela Jain is the owner of a plot of land in the city of Jaipur. Under the relevant provisions of the City of Jaipur Municipal Act, 1943, she was required to submit to the Municipal Council plans for erecting constructions on her plot, obtain their approval and make the constructions in accordance with the sanctioned plans. She submitted her plans, which were sanctioned but it was stated that during the course of her constructions she made certain variations from the plan as approved by the Municipal authorities. A neighbour of hers, one D. D. Goswami alleged that the variations made by the respondent in carrying out the constructions of her house prejudicially affected him. On the basis of his representation the Municipal Council initiated an inquiry as a result whereof a report was submitted to it in which a finding was recorded that the re