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2016 Supreme(Chh) 360

SANJAY K.AGRAWAL
Nagar Palika Nigam, Bilaspur, through - its Commissioner, Nagar Palika Nigam, Bilaspur – Appellant
Versus
Ram Sahay Verma, son of Late Balaram Verma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri M.K. Bhaduri, Advocate.
For the Respondent:Shri H.B. Agrawal, Senior Advocate with Shri K.S. Pawar, Advocate.

ORDER :

Sanjay K. Agrawal, J.

Invoking revisional jurisdiction of this Court under Section 392 of the Chhattisgarh Municipal Corporation Act, 1956 (hereinafter called as "the Act of 1956"), the petitioner herein has preferred this revision petition against the impugned order dated 02.02.2015 passed by the District Judge, Bilaspur in MJC No.148/2012, whereby learned District Judge has allowed the application preferred by the respondent under Section 307(5) of the Act of 1956 and directed the petitioner to remove the construction and deliver the vacant possession of the suit land within two months from the date of passing of the order to the respondent herein.

2. Ram Sahay Verma, respondent herein has filed an application under Section 307(5) of the Act of 1956 stating inter-alia that he is the title holder of Nazul Plot No.4/2 and 5 situated at Jarhabhata, Bilaspur, in which his title has been affirmed by the trial Court, appellate Court and by this Court and he obtained possession of the said land on 12.03.1992. It was also pleaded that the petitioner herein, without obtaining permission from the respondent, has made construction on it. Therefore, such construction be removed in exerc



















































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