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1990 Supreme(SC) 517

K.N.SAIKIA, K.N.SINGH, KULDIP SINGH
Municipal Corporation Of Greater Bombay – Appellant
Versus
Premnagar Zopadpatti Committee, Society – Respondent


ORDER:— Leave granted.

2. Heard counsel for the parties.

3. These appeals are directed against the order of the High Court of Bombay dated 15-6-1989 granting injunction restraining the appellant from evicting the respondents who have encroached upon the land in dispute..

4. Briefly, the facts are that the Bombay Municipal Corporation acquired the land in dispute in 1974 for public purposes, namely, for establishing nursing college, medical college, primary school, garden etc. It appears that a number of members, including the respondents encroached upon the land and made unauthorised construction in the shape of huts. The Corporation issued notice under Section 314 of the Bombay Municipal Corporation Act, 1888 for evicting the respondents. The respondents filed a suit in the Court of City Civil Judge, Bombay, they also prayed for an interim injunction against the Corporation. The City Civil Court rejected the application for the interim injunction thereupon the respondents approached the High Court in appeal. A learned single Judge of the Bombay High Court has by means of the impugned order dated 15-6-1989 granted interim injunction restraining the Corporation from evicting the respon




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