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HARKESH MANUJA
M. C. Hisar – Appellant
Versus
Saroop Singh – Respondent
JUDGMENT
Mr. Harkesh Manuja, J. (Oral)
By way of present appeal, challenge has been laid to the judgment and decree dated 09.05.1992 passed by the Court of Additional District Judge, Hisar, whereby, the judgment and decree dated 12.08.1988 passed by the trial Court, dismissing the suit for permanent injunction filed at the instance of respondent/plaintiff was reversed.
2. Briefly stating, respondent/plaintiff by way of filing a suit for permanent injunction assailed the notice dated 12.06.1982 & 19.08.1982 issued by the appellant-defendant in exercise of its power under Section 235 /237 of HARYANA MUNICIPAL ACT , 1973 (hereinafter referred to as "1973 Act"). In the present case, the case set up by the respondent/plaintiff was that notices issued to him alleging illegal construction were vague as the same did not provide any description of the shop or the construction and in that light it was contended by him that the shop in question was existing over the property owned and possessed by him since the year 1976 and the same was not a new construction.
3. On the contrary, the stand taken by the appellant municipal committee was that the shop was newly constructed, without obtaining pe
Construction completed prior to six months of a demolition notice is protected under law, affirming the right to seek an injunction against such demolition.
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.
In a suit for injunction alleging illegal construction, the Court must consider all relevant evidence, including the building plan sanctioned by the Municipal Authority, and implead the Municipal Aut....
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....
Suit against municipal body challenging demolition notice requires proven pre-suit notice under Section 527 MMC Act; mere plaint averment insufficient against specific denial, no waiver without expli....
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