C.R. No.1954 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1954 of 2006 Date of Decision: 17.1.2008 Deepak Batra .....Petitioner Vs. Municipal Council, Ambala Sadar Ambala Cantt. ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.R.P. Singh Ahluwalia, Advocate for the petitioner. Ms. Manisha Lamba, Advocate for the respondent. ... RAJIVE BHALLA, J (Oral) Prayer in this petition is, for setting aside the order dated 2.3..2006 passed by the Civil Judge, (Junior Division) Ambala Cantt.,dismissing an application for grant of interim injunction and also the order dated 23.3.2006 passed by Additional District Judge, Ambala, dismissing the appeal. The petitioner, in essence, impugns the notice issued by the Municipal committee, directing him to remove an encroachment from public land. The petitioner, on the other hand, asserts that he has not raised any unauthorised construction, as the land belongs to his landlord and,therefore, the impugned notices are without jurisdiction. The petitioner has merely converted an already existing toilet into a store room and as no construction has been raised, the Courts below erred in declining to grant an C.R. No.1954 of 2006 2 injunction. Counsel for the Municipal Council, on the other hand, asserts that the petitioner has raised a structure measuring 3.1/2' x 7', on public land. The petitioner cannot be granted an injunction to perpetuate encroachment on public land. I have heard learned counsel for the parties and perused the impugned orders. A small room, is the offending structure, allegedly constructed by the petitioner that has drawn the attention of the Municipal Committee and has led to the issuance of a notice under Section 181 of the Punjab Municipal Act. The petitioner's assertion that the land belongs to his landlord and the already existing toilets have been converted into a generator room, are matters to be determined, on the basis of evidence. The question as to ownership of the land and the jurisdiction of the Municipal Committee, to issue notices under Section 181 of the Punjab Municipal Act would also arise. Be that as it may, as issues with respect to the title of the property, the nature of the construction and the validity of the notice issued by the Municipal Committee are pending adjudication before the trial Court in the suit since the year 2006 and parties have already been directed to maintain status quo, it would be in the interest of justice, to direct the trial Court to dispose of the suit, within a period of six months from the next date of hearing, as agreed to by counsel for the parties, by granting two effective opportunities to each party, to lead evidence. During the pendency of the suit, parties are directed to maintain status quo, as to the disputed property. C.R. No.1954 of 2006 3 With the aforementioned modifications/observations, the present petition is disposed of. 17.1.2008 ( RAJIVE BHALLA ) GS JUDGE