FARIDABAD COMPLEX ADMINISTRATION versus YADU ETC.

FARIDABAD COMPLEX ADMINISTRATION versus YADU ETC.

Limitation under Section 208 of the Haryana Municipalities Act, 1973 does not apply where the respondents were not owners with independent title but claim through prior unauthorised occupiers; as true owner, the appellant cannot be restrained by injunction from removing unauthorised constructions.

Parties
Appellant: Faridabad Complex Administration; Respondents: Yadu and Others
Jurisdiction
India
Judgment Date
11 December 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Decision
Outcome
Appeals allowed; suits dismissed
Legal Topics
Unauthorised Construction, Notice for Demolition, Limitation Period, Title and Ownership of Property
Property Law Municipal Law Unauthorised Construction Notice for Demolition Limitation Period Title and Ownership of Property

Case Brief

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Parties

Faridabad Complex Administration

Appellant

Yadu and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Decision

Legal Issues

  1. 1 Whether limitation under Section 208 of the Haryana Municipalities Act, 1973 applies to notices for demolition issued to persons not having independent title but claiming through earlier unauthorised occupiers?
  2. 2 Whether the respondents, claiming through Biharilal, could obtain an injunction against the true owner (appellant) preventing demolition of unauthorised construction?

Ratio Decidendi

Limitation under Section 208 of the Haryana Municipalities Act, 1973 does not apply where the respondents were not owners with independent title but claim through prior unauthorised occupiers; as true owner, the appellant cannot be restrained by injunction from removing unauthorised constructions.

Court Disposition

Appeals allowed; suits dismissed

Orders

  • Suits filed by respondents for injunction are dismissed
  • No costs awarded