RSA 1459 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. RSA 1459 of 2011 Date of decision:- 18.1.2012 Kewal Krishan Bhandari Petitioner vs. Municipal Corporation, Amritsar Respondent Present: Mr. VK Sandhir, Advocate. M.M.S.BEDI,J. The suit of the plaintiff- appellants for permanent injunction restraining the Municipal Corporation, Amritsar from demolishing or dismantling any part of the property in dispute, has been dismissed by the courts below inter alia on the ground that the jurisdiction of the civil suit is barred and that the appellants have not availed the alternative remedy, available to them after having received notice u/s 269(1) of the Punjab Municipal Corporation Act, 1976. Learned counsel for the appellants has contended that the official of the Municipal Corporation, appearing as a witness, has admitted that the notice sent to the plaintiff- appellants is signed by the Assistant Town planner and not by the competent authority i.e. Municipal Town Planner. It has further been contended that the plaintiffs have purchased the building, which was already constructed upto 3 ½ storys, as such, the plaintiffs cannot be said to have raised any illegal construction. I have heard learned counsel for the appellants and gone through the judgments passed by the courts below. Both the courts below have given a finding of fact to the effect that the jurisdiction of the civil court RSA 1459 of 2011 2 is barred. In view of the said observations, the plaintiff- appellants are still left with the alternative remedy, available to them and to challenge the notice issued to them on various grounds, raised before this court. No substantial question of law , warranting interference in the second appeal, is involved. Appeal is dismissed without prejudice to the rights of the plaintiff-appellants to avail any alternative statutory remedy, available to them, in accordance with law challenging the competence of the authorities, who had sent the notice; validity of the notice; the construction having raised as per the development scheme of the Improvement Trust, Amritsar; plaintiffs having not been served in accordance with law. January 18 ,2011 ( M.M.S.BEDI ) TSM JUDGE