Allahabad High Court
Rajendra Prasad And Another vs Chitrakoot Dham Nagar Palika Parishad, ... on 7 January, 2010
Author: Rakesh Sharma
Bench: Rakesh Sharma
Court No. - 1 Case :- SECOND APPEAL No. - 15 of 2010 Petitioner :- Rajendra Prasad And Another Respondent :- Chitrakoot Dham Nagar Palika Parishad, Karvi And Another Petitioner Counsel :- R.K. Pandey Hon'ble Rakesh Sharma,J.
Heard learned counsel for the appellants at length and perused the two judgments rendered by the courts below and materials on record.
It emerges from record that the appellants had filed Original Suit No.69 of 2002, seeking permanent injunction restraining the Chitrakoot Dham Nagar Palika Parishad, Karvi, district Chitrakoot from damaging the property/ residential house situate within the municipal limit. The boundaries have been indicated in the bottom of the plaint and map has been placed on the record. This property/house was purchased by the aforesaid appellants on 18.7.1984. It has been alleged that before constructing the house in the year 1985, a proper site plan was submitted to the municipal authorities and map was sanctioned. A grievance is that Nagar Palika Parishad is going to demolish the construction raised on the site.
The Nagar Palika Parishad, Karvi, district Chitrakoot has pleaded in the written statement before the courts below that there was a condition in a sale deed that a six feet broad lane used for drainage of the waste water etc. shall be intact on the eastern side of the plot. A notice was issued by the municipal authorities on 2.8.2002 directing the appellants to remove the alleged construction raised over the public drain(Nala). According to the appellants, this was result of local politics and animosity of some of the neighbourers. In the written statement straight jacket was taken by the municipal authorities. The six feet municipal drain has to be managed by the appellants as was indicated in the sale deed and also in the sanctioned map. The appellants have violated the terms and conditions and have raised construction over the public drain(Nala).
Both the courts below i.e. Trial Court and lower Appellate Court have recorded findings of fact that the appellants had constructed a verandah, latrine, bathroom over the public property i.e. municipal drain (Nala). This ought not to have been done. They have also violated relevant provisions contained in the U.P. Municipal Act and have violated the terms and conditions spelt out in the sanctioned map and plan. It was specified in the sale deed that six feet broad lane shall be managed on the site. This action has caused public nuisance as the free-flow of the waste water has been stopped.
Both the courts below have appreciated oral and documentary evidence and have arrived at the same conclusion that there existed encroachment over the public drain(Nala). This was not permissible at all, as it was illegal and unauthorized construction.
In view of above, no substantial question of law is made out and the appeal under Section 100 of C.P.C. is dismissed.
Order Date :- 7.1.2010 pks