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2024 Supreme(P&H) 260

ALKA SARIN
Attar Singh – Appellant
Versus
Municipal Council Narnaul – Respondent


Advocates appeared:
For the Parties : Mr. J.P. Sharma

Judgment

Mrs. Alka Sarin, J.

The present appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 30.05.2014 passed by the Trial Court and the judgment and decree dated 06.03.2017 passed by the First Appellate Court dismissing the suit filed by the plaintiff-appellant.

2. The brief facts relevant to the present lis are that the plaintiff-appellant filed a suit for permanent injunction averring that he was in settled possession over the suit land for the last more than 60 years, since the time of his ancestors, and has raised construction over it. Since the defendant respondents were charging development cess illegally, the plaintiff-appellant had filed a civil suit in public interest against the defendant-respondents in which a decree of permanent injunction was passed restraining the defendant-respondents from charging the development cess. As per the plaintiff-appellant, because of this the defendant-respondents had become inimical towards him and had sent a notice calling upon the plaintiff-appellant to demolish the construction over the suit property and threatened to demolish the same after issuing notice under section 235 of the Haryana Municipa

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