1. Municipal Committee, Ludhiana (defendant) served notice on the plaintiff u/S. 172 (2) of Punjab Municipal Act, 1911 (hereinafter referred to as the Act) calling upon the plaintiff to remove the encroachment made by them on green belt within two days. Thereafter a notice u / S.220 of the Act was served to the effect that the plaintiff having failed to remove the encroachment within six hours from the service of the notice. The plaintiff challenged the said order by way of civil suit.

2. The facts stated in the plaint are that the plot in dispute was lying between railway line on one side and the building of the plaintiff-Company on the other side. It was further stated in the plaint that the plot either belonged to the custodian department or public department and was being misused by some undesirable persons and the plaintiff-Company turned out those persons and took control and possession of the plot and have constructed some quarters for the use of their labours in the year 1952. The plaintiff-Company challenged the service of the notice on the ground that the defendant-Committee has no right to serve notice under S. 172(2) of the Act and to demolish the quarters of th