MUNICIPAL COMMITTEE KARNAL Vs. NIRMALA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) An area admeasuring 4 ft.x 6 1/2 ft. situated in Chaura Bazar near Rai Saheb Jogiwara, Karnal is claimed to belong to the respondent. The appellant asserted it to be part of public street. They found that the respondent had constructed a shop on the said portion of public street. Consequently, they issued a notice, after inspection, for demolition of the shop. Since the respondent did not demolish the shop, the appellant got the construction demolished necessitating the respondent to file the suit for damages. The trial Court dismissed the suit by decree dated November 15, 1990. On appeal, the Additional District Judge by judgment and decree October 29 , 1993 reversed the decree of the trial Court and granted damages for a sum of Rs. 20,000/-. The High Court in Second Appeal No. 173/94 by order dated January 24, 1994 dismissed the appeal as usual in limine, which in recent past is getting changed by giving reasons which one hopes shall become a rule. Thus this appeal by special leave.

(3.) The only question is whether the aforestated disputed area is a public street. Section 2(23) of the Haryana Municipalities Act, 1973 (for short, 'the Act') , defines "street" thus: