ALOK SHARMA, J. - (1.) A challenge has been made by the petitioner-defendant (hereafter 'the defendant') to the order dated 30-5-2017 passed by the Additional Civil Judge Sawai Madhopur (hereafter 'the trial court') in the course of trial in suit No.62/2017.
(2.) Perused the impugned order dated 30-5-2017 whereby the defendant has been restrained by the trial court from making construction over the plot admittedly in his ownership and the jurisdictional Station House Officer directed to ensure that no construction was made as directed by the court.
(3.) Having heard counsel for the parties, I am of the considered view that as the defendant is admittedly the owner of the plot in issue admeasuring 25 x 49 ft within the jurisdiction of the Municipal Council Sawai Madhopur, he has the right to use and enjoy the plot in accordance with the obtaining building bye-laws as may be applicable to it. It is also appears that the defendant has been granted conditional permission to raise construction over the plot in issue by the Municipal Council on 4-3-2015. In the circumstances the petitioner could not be restrained from raising construction over the plot in his ownership as per permission granted by the Municipal Council Sawai Madhopur. The jurisdiction to prevent the defendant from raising construction unlawfully and in a manner contrary to one permissible in law is that of the Municipal Council Sawai Madhopur. In the event the defendant is found to making constructions over his plot for which he has been issued a lease deed valid in law, contrary to permission granted, the Municipal Council Sawai Madhopur shall be under an obligation to take action against him thereagainst either suo moto and/ or on complaint received.;