N.K.SUD, J. - (1.) MUNICIPAL Committee, Sirsa has filed this second appeal against the order of the Additional District Judge, Sirsa, dated 14.9.1982 whereby the appeal of the respondent-plaintiffs against the judgment and decree passed by the Senior Sub Judge, Sirsa, dated 4.4.1981 has been allowed.
(2.) RESPONDENTS Moti Ram, Kanshi Ram and Prem Chand filed a suit for permanent injunction restraining the defendant-Municipal Committee from demolishing any portion of the house constructed by them on plot Nos. 44, 44-A and 47-A in the area known as 'Subhash Colony' within the limits of the appellant-Municipal Committee in pursuance of its show cause notice dated 22.9.1976 (Exhibit P-3). Respondents claim to have purchased the said plots through two sale deeds. The purchase through sale deed dated 11.8.1975 was in respect of plot No. 44-A (half portion) and plot No. 47-A from one Darshan Lal son of Parkash Chand. The second sale deed dated 11.7.1975 was in respect of plot No. 44-A (half portion) and plot No. 44 from one Mam Chand son of Raja Ram. The total area purchased was 378 sq. yards. A site plan for raising construction on the said plots was submitted which was sanctioned on 5.9.1975, a copy of which has been exhibited as Exhibit P-1. Construction on an area measuring 54' x 63' is said to have been raised in accordance with the sanctioned plan. On 28.9.1976, respondents received a notice under Section 181 of the Haryana Municipal Act, 1973 (for short the 'Act') from the appellant-Municipal Committee informing them that they had encroached upon the municipal lands and that they should remove the encroachment within a period of one week failing which it would be removed at their expense. They considered the notice to be illegal and filed the suit for permanent injunction. The suit was contested by the appellant-Municipal Committee. It was averred that the sanction to raise construction as per Exhibit P-1 was subject to the condition that there would be no encroachment on the Municipal land and that in the event of any such encroachment, the permission was to be deemed to have declined. It was further averred that the land on which encroachment had been made fell in plots No. 45 and 46 of Subhash Colony which as per the sanctioned lay-out plan of the Colony had been kept reserved for a Municipal Park.
(3.) ON the basis of the pleadings of the parties, following issue were framed :- 1. Whether house shown as ABCD on the site plan appended to the plaint was constructed by the plaintiffs as per sanction dated 5.9.1975 of the Municipal Committee, and if not to what effect ? OPP 2. Whether the notice served by the defendant Municipal Committee on the plaintiffs on 28.9.1976 is illegal and not enforceable ? OPP 3. Whether the plaintiffs have made encroachment on the land left for Municipal Park falling in plots No. 45 and 46 and as such the sanction granted stands automatically cancelled ? OPD 4. Whether the plaintiffs have no cause of action ? OPD 5. Relief. ;