Surinder Singh, J. - (1.) MESSRS Kishan Chand Hari Ram (hereinafter referred to as the Respondent) filed a suit against the Municipal Committee, Amritsar (Appellant) for the issue of a permanent i(sic) junction against the Appellant with the allegations which are these. After obtaining the sanction of the Appellant, the Respondent bad constructed a building on the site situated on Jail Road, Amritsar comprising Khasra No. 152. The plan for the construction was sanctioned on May 12, 1960, but within a few days thereafter, June 6 1960 to be precise, the Appellant issued two notices to the Respondent, one under Section 195 and the other under Section 195 -A of the Punjab Municipal Act, 1911 (Punjab Act No 3 of 1911). These notices were produced in original before the trial Court and the same are available on the record as Exhibits D. 7 and D. 6 respectively As per said notices, the Respondent was called upon to demalish the building constructed by him for the reason that the same was not in accordance with the sanctioned plan. The notice under Section 19 5 further envisaged that in case the building was not voluntarily demolished or modified within 15 days of the receipt of the notice, necessary action under Section 220 of the Act shall be taken by the Committee. It was further alleged that in order to avoid any dispute in this behalf, the Respondent submitted an application for the compounding of the alleged violation and in consequence of a settlement with the Committee, he paid Rs. 53/ - as compensation fee with the result that the notices issued to him were deemed to have out lived their utility. To complete the sequence of narration in the plaint, it was also alleged that apart from the facts mentioned above some construction said to have been made in violation of the sanctioned plan, was demolished by the Committee on June 30, 19 2 and the threat for the demolition of the building now in existence was quits illegal and without justification. The Respondent, therefore, prayed for a permanent injunction against the Appellant -Committee restraining it from demolishing the building standing on Khasra No. 252(sic).
(2.) THE suit was contested by the Appellant with various weapons in its artaoury(sic), which included objections in regard to the jurisdiction of the Civil Court to adjudicate in the matter, the locus standi of the Respondent to file the suit and the form in which the suit had been preferred In regard to the two notices under Sections 195 and 195 -A it was maintained that these notices were quite legal and effective and that only the notice issued under Section 195 -A had been compounded under orders of the Executive Officer and not the one under Section 195. The Appellant, therefore, justified their proposed action for demolition of the building in consequence of the notice issued under Section 195 of the Municipal Act. The pleadings of the parties necessitated the framing of an array of issues to cover the various controversial points. However, for the purpose of present appeal it is needless to reproduce all these issues as the Learned Counsel for the parties have sought a verdict only in regard to a issue No. 4 pertaining to the legality of the notices in question As already observed, the dispute has now narrowed down to the field covered by the notice under Section 195, the other notice under Section 195 -A having lost its sting on account of the composition of the alleged violation.
(3.) IN order to appreciate the contentions raised and mooted in this Court it would be convenient and appropriate to reproduce for ready reference, the provisions of Sections 195 and 195 -A of the Punjab Municipal Act, 1911 Punjab Act No. 3 of 1911) in extension : 195. Should a building be begun, erected or re -erected - (a) Without sanction as required by Section 189(1), or (b) without notice as required by Section 189(2), or (c) when sanction has been refused, the committee may by notice delivered to the owner within six months from the completion of the building, require the building to be altered or demolished as it may deem necessary within the period specified in such notice, and should it be begun or erected - (d) in contravention of the terms of any sanction granted, or (e) when the sanction has lapsed, or (f) in contravention of any bye -law made under Section 190, or; in the case of a building or which the erection has been deemed to be sanctioned under Section 193(4), if it contravenes any scheme sanctioned under Section 192 ; the committee may by notice to be delivered to the owner within six months from the completion of the building, require the building to be altered in such manner as it may deem necessary, within the period specified in such notice ; Provided that the committee may, instead of requiring the alteration or demolition of any such building, accept by way of compensation such sum as it may deem reasonable. Provided also that the committee shall require a building to be demolished or altered so far as is accessary to avoid contravention of a building scheme drawn up under Section 192. Provided further that if any notice is issued by the Executive Officer under this section on the ground that a building has been begun or has been created in contravention of the terms of any sanction granted or in contravention of any bye -law made under Section 190 the person to whom the notice is issued may, within fifteen days from the date of service of such notice, appeal to the committee, and, subject to the provisions of Sections 225, 232 and 236, the decision of the committee -shall be final. 195 -A(1) Where a building is begun as described in Section 195 but not completed, the committee may by notice, to be delivered to the owner within six months from the commencement of the building, or from the contravention of the terms of any sanction, or any bye law framed under Section 10, as the cases may be require the building operations to be discontinued from the dated of the service of such notice. (2) Any person failing to comply with the terms of such notice shall be punishable with a fine which may extend to one thousand rupees and when the non -compliance is a continuing one, with a further fine which may extend to fifty rupees for every day after the first during which the non compliance continues;