Gopal Rao Ekbote, J. - (1.) This is an appeal against the judgment of our learned brother Vaidya, J., given in S.A. No. 734 of 1968 on 15th April, 1970 whereby the learned Judge dismissed the appeal.
(2.) The facts in outline are that the respondent herein instituted a suit for declaration that she was entitled to renovate the compound wall on the old foundations without obtaining any permission from the Visakapatnam Municipal Council. What happened was that the plaintiff gifted 12 feet of land for widening a road and wanted to construct certain sheds on the roadside. She applied for the necessary permission for the construction of the shed including compound wall on the eastern side of the site. The Municipality returned the plan for resubmission directing the shifting of the proposed shop rooms to 15 feet inside the acquisition line.
(3.) The plaintiff instead of complying with the direction of the Municipality and resubmitting the plan constructed a compound wall which is admittedly of less than 8 feet in height.;