Paridhi Arya
Published on June 13, 2022 at 14:00 IST
The Bench of Justice Sudhir Mittal held that no pre-emptive action can be taken by the Municipal Committee as civil suit is already pending in the Court.
“Before any action could be taken Respondent No. 6 had 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 be abide by the decision of aforementioned suit. No preemptive action can be taken” Court observed.
The Petition was filed as a private person did construction over the land leased to him by Municipal Committee now the Petitioner is seeking that action should be taken for the illegal construction which High Court held that final action cannot be taken as civil suit is pending.
The Petitioner claimed that lease was granted by the Municipal Committee without the prior permission from Deputy Commissioner. The Court observed that there was a letter dated 06.01.1976 which was issued under the authority of Deputy Commissioner granting permission for lease.
The Court pointed out that the Municipal Committee showed leniency by not implementing the resolution which was passed on May 25, 2018 but still the Municipal committee is justified for not taking action against illegal construction because before any action would have taken Respondent 6 filed civil suit which is pending for adjudication.
The Court observed that Municipal Committee cannot file a separate suit but a counter claim can be filed.
The High Court thus dismissed the present petition on the ground of being sans merit.