Municipal Board, Kheri vs Ram Bharosey And Ors. on 6 February, 1961
29. Mr. Desai, the learned advocate appearing on behalf of the respondent Corporation, has invited our attention to the Allahabad High Court decision in Municipal Board, Kheri v. Ram Bharosey AIR 1961 Allahabad 430. In that case, before the Lucknow Bench of the Allahabad High Court, the Municipal Board had unlawfully granted the licence to erect a flour mill near the house of the respondent. The house was damaged by the vibrations. In view of this fact learned single Judge of the Allahabad High Court had taken the view that the Board would not be liable because the damage was not a direct consequence of granting licence. The abovesaid case-law on which Mr. Desai has placed reliance would never assist him in his submission before us because we are not concerned with such a remote case,