- (1.) The short question which has arisen for consideration of this Court in the present writ petition is as to whether it was open to respondent No. 2, Shanker Lal to construct 'Chabutra' i.e. raised platform measuring 54' x 4', 381/2' x 131/2', 183/4' x 7', 183/4' x 7' and 133/4' x 41/2' over the land in question belonging to respondent No. 4 viz; the Municipal Board, Khandela (hereinafter referred to as "the Board") contrary to the resolution of the Board vide Annexure-2 on the record?
(2.) From the perusal of Resolution No. 34 dated 21-4-1973 of the Board, it is apparent that respondent No. 2 had sought permission of the Board for carrying out construction of 'Haveli' which was granted while the permission for construction of platform i.e. Chabutra in question was declined by the Board.
(3.) On inspection of the said property by the employees of the Board, it was revealed that respondent No. 2 had unauthorisedly constructed the disputed platform over the land belonging to the Board and for which the permission had already been declined by the Board as aforesaid. Respondent No. 2 was accordingly conveyed the decision of the Building Committee of the Board vide letter dated 5-7-1973 vide (Annexure-3) on the record. In spite of the specific direction of the Board declining permission, the respondent No. 2 had unauthorisedly raised construction over the disputed land in gross violation of the Municipal Bye-laws and its aforesaid resolution. In terms of the communication dated 26-12-1973 vide Annexure-5, the respondent No. 2 was again directed by the Board to stop the aforesaid construction over the land in dispute and also to remove the said unauthorised construction positively within three days, failing which, the necessary action in accordance with the provisions of Sections 170 (4) and 203 of the Rajasthan Municipal Act, 1959 (hereinafter referred to as 'the Act of 1959') shall be taken against the said respondent No. 2. Sub-section (4) of Section 170 of the Act of 1959 stipulates, as under :- "170 (4) :- Where a bye-law has been made prescribing and requiring any information and plans in addition to a notice, no notice under sub-section (1) shall be considered to be valid until the information and plans, if any, required by such bye-law have been furnished to the satisfaction of the Board." Sub-section (2) of Section 203 of the Act of 1959 stipulates, as under :- "203(2) :- Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Board or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which my extend to one month or with fine which may extend to two thousand rupees or with both.";