Case Note & Summary
The case involves a second appeal by the City of Nagpur Municipal Corporation against a judgment and decree dated 3.3.2003 passed by the Joint Civil Judge, Junior Division, Nagpur in R.C.S.No.838/2002, confirmed by the District Judge, Nagpur in R.C.A.No.209/2003 on 28.4.2010. The respondent-plaintiff is the owner of a house bearing Municipal Corporation No.77, Sheet no.77, City Survey No.1913, situated at Residency Road, Sadar, Nagpur, constructed in 1984. On 3.4.2002, the appellant issued a notice under Section 286(2) of the City of Nagpur Corporation Act stating that the construction was not in accordance with the sanctioned map. The respondent issued a statutory notice under Section 384 of the Act and filed a suit seeking permanent injunction restraining the appellant from demolishing the suit house. The trial court framed three issues and held that the notice dated 3.4.2002 was illegal and void as the respondent proved that the construction was as per the sanctioned plan. The first appellate court dismissed the appeal confirming the findings of fact. The High Court admitted the appeal on the substantial question of law: whether the relief of permanent injunction restraining the defendant from demolishing the suit house is sustainable in law, particularly when the defendant is a public authority acting under the City of Nagpur Corporation Act and holds the power to demolish illegal construction whenever noticed. The court heard the parties and reserved judgment.
Headnote
A) Municipal Law - Permanent Injunction - Power to Demolish Illegal Construction - City of Nagpur Corporation Act, 1948, Sections 286(2) and 384 - The court considered whether a permanent injunction can be granted against a municipal corporation restraining it from demolishing a building alleged to be constructed contrary to sanctioned plan. The trial court had held the notice under Section 286(2) illegal and void as the construction was as per sanctioned plan. The High Court admitted the appeal on the substantial question of law regarding sustainability of such injunction against a public authority. (Paras A, 1-5)
Issue of Consideration
Whether the relief of permanent injunction restraining the defendant municipal corporation from demolishing the suit house is sustainable in law, particularly when the defendant is a public authority acting under the City of Nagpur Corporation Act and holds the power to demolish illegal construction whenever noticed.
Final Decision
Appeal admitted on substantial question of law; final hearing with consent of parties; judgment reserved.
Law Points
- Permanent injunction against public authority
- Power to demolish illegal construction
- City of Nagpur Corporation Act
- Section 286(2)
- Section 384
- Substantial question of law
- Second appeal
