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1996 Supreme(MP) 957

S.C.PANDEY
Sudesh Kumar Daga – Appellant
Versus
Commissioner, Municipal Corporation, Raipur – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. Alok Aradhe, Advocate
For Respondents/Defendant:Mr. Deepak Okhade, Advocate

ORDER

S.C. Pandey, J.

1. This revision is filed by the plaintiff, challenging the order dated 1.11.95, whereby the trial Court has directed the applicants to pay Court-fee on the amount of Rs, 1, 50, 101/- in civil Suit No. 298-A of 1995.

2. The applicants filed a suit for declaration and permanent injunction against the non-applicant. Their claim was based on the fact that the applicant had constructed a building on the plot situate at Baijnathpara Ward, Raipur. The construction was made after obtaining permission of the non-applicant, Municipal Corporation, Raipur. It was claimed that there was some compromise dated 23.9.95, according to which, the applicants constructed a building for the purpose of residence as well as for a showroom. It was claimed that since the map was properly sanctioned, and the unauthorised construction was also permitted under Section 307 (4) of the M.P. Municipal Corporation Act, it cannot be said that the applicants had construced the building illegally. It was further claimed that the Municipal Corporation had no right and authority to proceed under Section 307 (2) of the M.P. Municipal Corporation Act against the applicants. The applicants further alleg


















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