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Municipal Body Can't Take Pre-Emptive Action Against Alleged Illegal Construction On Lease Land During Pendency Of Suit: P&H High Court

Drishti Yadav
13 Jun 2022 4:15 AM GMT
Municipal Body Cant Take Pre-Emptive Action Against Alleged Illegal Construction On Lease Land During Pendency Of Suit: P&H High Court
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The Punjab and Haryana High Court, while dealing with a petition seeking action against alleged illegal construction raised by private respondent on a land allegedly leased to him by the Municipal Committee, held that since the respondent has already filed a civil suit thus, Municipal Committee was justified in not taking a final action during the pendency of the aforementioned...

The Punjab and Haryana High Court, while dealing with a petition seeking action against alleged illegal construction raised by private respondent on a land allegedly leased to him by the Municipal Committee, held that since the respondent has already filed a civil suit thus, Municipal Committee was justified in not taking a final action during the pendency of the aforementioned suit.

Before any action could be taken respondent No. 6 has filed a civil suit and the same is pending adjudication. Thus, the Administrator, Municipal Committee, Ladwa was justified in returning a finding that final action would abide by the decision of the aforementioned suit. No preemptive action can be takena bench comprising Justice Sudhir Mittal observed in the facts of the case.

It further added that being a defendant, the Municipal Committee can file a counter claim. A separate suit is not required to be filed.

The Petitioner had argued that lease was granted to the respondent without taking permission from the Deputy Commissioner. The court however observed that a letter dated 06.01.1976 was in fact issued by the concerned Deputy Commissioner.

While considering the issue of non-implementation of resolution dated 21.05.2018 passed by the Municipal Committee to take appropriate action against alleged illegal construction being malafide, the court held that there appears laxity on the part of the Municipal Council. However, before any action could be taken respondent filed a civil suit and the same is pending adjudication, which is why Municipal Committee was justified in not taking a final action.

In view of the above, the court dismissed the writ petition for being sans merit.

Case Title : Raj Kumar v. State of Haryana and Others

Citation: 2022 LiveLaw (PH) 142

Click Here To Read/Download Order

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