G.P. Awsthi v. I/' State
Case at a glance
Provisions considered
Key paragraphs
- Para 33. Under sections 184 of the C.G. Municipalities Act, 1961 (for short the Act, 1961') provisions have been made to regulate line <rf buildng and compensation. The said provisions are reproduced fcir r^idy reference: * "i84. Setffng fcack pro/ecffng touffdtngs.-<<; If any partofa buthSng prt^ects…
Judgment
Shri Rakesh Pandey, counsel for the petitioner. Shri Ajay Dwwedi, Dy. Govt. Adyoeate for the State/respondent no.1 Shri A.S. Kachtiawaha, counset ta' respondent No.2. ORALORDER (13/07/2012) Laamed counsel for the petitionerwoutd submit Uiat res^»ndentno.2/ Municipal Cquncil has danolished the structure standing of petitioner's land and now pyblic road/draln is constructedovsr a part of the petitioner's lahd without making payment of any compensatton. He would subm'rt that untB the payment of eompensation is made, the authorities should be restrained Trom raising any constnicSton on petitipner's tand. On the other hand, tearned State Counsel would submit that construction of road/drain is made In publiG intere^ and the petitioner would be enUtled to the beneflts available to than in law.
Under sections 184 of the C.G. Municipalities Act, 1961 (for short the Act, 1961') provisions have been made to regulate line <rf buildng and compensation. The said provisions are reproduced fcir r^idy reference: * "i84. Setffng fcack pro/ecffng touffdtngs.-<<; If any partofa buthSng prt^ects beyondffie r^alsrllne of a pubHc street etffier as exfeffng or as cfetenranecf for ffie ftrttffls ar beyind ffie fmnt of ttie ibuMng pn ef'tter sfcfe Wwreof, Comdlmay- if the pivjecSng part thereof is a vaandah, step (a) or some offiers&ucfare extema/ to e ma/n buWng af any ttne; or •'TOR.-»<SS' If the prc^ecVng pait is net sucfi extwnal simotufe (Is) as aforesaid, then wtwnewr ff?e greaierpwVon of such bulkSng or whenevw any materia/ portton of such pmjecttng part iias been taken dcwn or bunitcSawn ar ftas fallen ctown, requlfe by written n<Mce efffter ffiaf ffie part, or aome pCTflon of the part, projecttng beyasd ffie said regularSne w beycmct ttie saidfmnt af e adjaning^bultdlng on etttierskie ttmreofshaS ' fee removed or that sucti buikSng ften ftemg refittfff sftaff Ae set ' back to w tcwards tfw said regutar llne, or ttie ffonf of swh ' buihSng, and ttie pofffpn Gf fand adcW to the sfreef iy sucA seffmg back or removal shatl thencefaffi be deemed part of fte puWfc streef and 6e vested In ffie Coundtt: PraMed ttiat the Coundl sh^t msrife masoaaWe compensaSon to the cwnerln accoivlance mtti the prcwlstons of SecSon 303 for any land vesSng tn ffie Counctt Ar ffie damsye, he may susWn tn consequence of tils ftuftffng or any part ftereofftemg set back. ' (2) The Councit may, upon sucft tenns as H Ut/rtcs fit, attdw any buildtng to be set fo/ward for ttie imfvo^ng tte regufetr Sne of any pubSc sheet in whfch such buii<Sng fe situated.
" !n the matter of Tarabal v. indore Municlpal Coiporatton, fndora (19T7) 1 MPWN 321, white dealing with similar provision under the Chhattisgarh Municipat Corporatton Act, 1956, it has been held that setting back by legal fiction shall have the effect of vesting that land in Corporation and sueh vesting does not depend on payment of compensation. In view of this, K cannot be held that untll payment of compensation is made, the authorities are not competent to rais®any construction for widening 'of road or for construction of drain. However, at the sametime, every cBizen whose iand is included in the buitdirig line demareated by the Munteipal Council in aecordance w!th Section 184 of the Act, 1981 is entitled to receive reasonaUe compensatipn as providfed under Section 184 oftheAct, 1961. •*., .?• ^ tn view of the above position of law, while refusing to restrahi respondent no.2/Mun1dpal Council to widen the road or to cQnstnict the drain, it is direcled that the respondent no.2 shall ascertain the exact area, if any, owned by the petitioner which has been used for construction of road or drain and shalt (hereafter deterraine the compensation to which the petitionerls entitied, if any, under Section 184 of the Act, 1961 on an application submltted by (he petttioner in ..thisregard within a period of two months from today atong-with a certifled copy of this order. The respondent Muriteipal Councit'shali thereafter consider and declde the issue regarding compensation in accordance with law within reasonable time and prtferaMy within a perlod of six morrths thereafter.
Wtfh the above observatlon/direction, the writ petitton stands flnally disposed of at the admlssion stage. _„.—-—~— r SA^^ANGNffloRl
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.