LexMUNICIPAL COMMITTEE, KARNAL versus NIRMALA DEVI
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MUNICIPAL COMMITTEE, KARNAL
v.
NIRMALA DEVI
NOVEMBER 24, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.]
Haryana Municipalities Act, 1973 : Sections 2(21)(23), 61(1)(g) and
181(2).
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Muni<;ipal Committee-Power to demolish encroachments-Public
street-:{/nauthorised construction of shop on-Demolition-Award of
damages fo1'-lleld illegal.
Words & Phrases
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'Street'-'Public street'-Meaning of~Sections 2(21) and 23-Haryana
Municipalities Act, 1973.
The respondent had constructed a shop on a portion of a public
street. The appellant-Committee issued notice to the respondent calling
him to demolish the shop. On respondent's failure to do so, the Committee
E got the construction demolished. The respondent filed a suit claiming
damages but the Trial Court dismissed the\ame. The Appellate Court
reversed the decree of the Trial Court and granted damages of a sum of
Rs. 20,000. The High Court affirmed the judgment of the first Appellate
Court.
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Allowing the Municipal Committee's appeal and setting aside the
impugned judgment, this Court
HELD: Under Section 61(1)(g) of the Haryana Municipalities Act,
1973 every street which is a public street vests in the Municipal Committee.
G If unauthorised construction is made by encroaching on its, after issuing
the notice for demolition and service thereof, if the encroacher does not
remove the same within the specified time, in addition to laying prosecu-
tion for contravention of the provisions of the Act, the Municipal Commit-
tee has power under section 181(2) to have the unauthorised
encroachments and construction removed and. to recover the costs thereof
H from him. Though the District Judge found that it is the private property
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MUNICIPAL COMMITTEE v. NIRMALA DEVI
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of the respondent, in view of the fact that it is on a public street, by A
operation of section 2(21), even the private property which forms part of
public street, stands vested in the Municipal Committee. Thereby, the
Municipal Committee has the necessary power to have the unauthorised
construction removed and encroacher ejected. If the encroacher does not
voluntarily remove the unauthorised construction, the Municipal Commit-
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tee has power to have it removed by exercise of the power vested under
section 181(2) of the Act. Since the Committee has exercised the statutory
power, the award of damages is clearly illegal, unwarranted and unsus-
tainable. (677-G-H; 678-A-C]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11583 of C
1995.
From the Judgment and Order dated 27.1.94 of the Punjab &
Haryana High Court in R.S.A. No. 173 of 1994.
Muni Lal Verma, S.K. Bagga, Ms. Tanuj Bagga and Mrs. S. Bagga D
for the Appellant.
Ujjagar Singh and Mrs. Naresh Bakshi for the Respondent.
The following Order of the Court was delivered :
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Leave granted.
An· area admeasuring 4 ft. x 6-1/2 ft. situated in Chaura Bazar near
Rai Saheb Jogiwara, Karna! is claimed to belong to· the respondent. The
appellant asserted it to be part of public street. They found that the F .
respondent had constructed a stop on the said portion of public street.
Consequently, they issued a notice, after inspection, for demolition of the
shop. Since the respondent did not demolish the shop, the appellant got
the construction demolished necessitating the respondent to file the suit
for damages. The Trial Court dismissed the suit by decree dated November
15, 1990. 9n appeal, the Additional District Judge by judgment and decree G
dated October 29, 1993 reversed the decree of the Trial Court and granted
damages for a sum of Rs. 20,000. The High Court in Second Appeal No.
173/94 by order dated January 24, 1994 dismissed the appeal as usual in
limine, which in recent past is getting changed by giving reasons which one
hopes shall become a rule. Thus this appeal by special leave.
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SUPREME COURT REPORTS [1995] SUPP. 5 S.C.R.
The only question is whether the aforestated disputed area is a public
street. Section 2(23) of the Haryana Municipalities Act, 1973 (for short,
'the Act') defines "street" 'thus :
"(23) "street" shall mean any road, footway, square, Court, public
park, alley or passage, accessible, whether permanently or tem-
porarily to the public, and whether a thoroughfare of not; and shall
include every vacant space notwithstanding that it may be private
property and partly or wholly obstructed by any gate, post, chain
or other barrier, if houses, Excerpt shown. Read the full judgment & AI analysis in Lexace.