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ARUN MONGA
Municipal Corporation, Patiala – Appellant
Versus
Baljinder Kaur – Respondent
JUDGMENT
Arun Monga, J. (Oral)
Petition herein is for setting aside order dated 02.07.2018 (Annexure P-5) passed by learned Civil Judge (Jr. Division), Patiala as well as order dated 01.04.2022 (Annexure P-6) passed by learned First Appellate Court affirming order of learned Trial Court, whereby application under Order 39 Rules 1 & 2 CPC filed by the plaintiff/respondent for grant of ad-interim injunction, was allowed and petitioner Municipal Corporation was restrained from interfering in the construction work being done by plaintiff/respondent.
2. Succinct facts first, as pleaded in the revision petition.
2.1. Plaintiff/respondent had got residential building plan sanctioned and as per the sanctioned site plan (Annexure P-1), at the front 12 feet space had to be left open and thereafter the residential construction has to be started. However, plaintiff/respondent in utter violation of the sanctioned site plan has started raising construction by covering the open space required to be left in front of the plot and instead of rooms, has constructed a hall with clear intention of using it for commercial purposes. Staff of the Municipal Corporation-petitioner immediately swung into acti
The main legal point established in the judgment is that the grant of interim injunction should adhere to the settled principles under Order XXXIX Rules 1 and 2 CPC, and the court should not interfer....
The appellate court can remand a case for fresh adjudication if the trial court fails to consider all relevant facts and documents, ensuring complete justice.
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
The law will apply equally to one and all. If there are other bungalows unauthorized constructed, then such bungalows also should be demolished. Counsel, has assured this Court that this aspect of th....
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