Dismissed

Shri. Shriram Jayajirao Jamdar and Anr. v. the Commissioner Pune Municipal Corporation Shivajinagar, Pune and Anr.

Bombay HC9 Sept 2024SA/141/2024

Case brief

AI extract

What is this about?

The appellants challenged concurrent judgments that refused to declare the Municipal Corporation's removal of their road stalls illegal. The High Court found no evidence that the stalls were on private property or that the Corporation violated procedure. The second appeal was dismissed.

What the court decided

AI extract

Shri. Shriram Jayajirao Jamdar and Anr. vs the Commissioner Pune Municipal Corporation Shivajinagar, Pune and Anr. — Bombay HC (2024) — LawSathi Research

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39-SA-141-2024.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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rrpillai

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CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 141 OF 2024

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Shri Shriram Jayajirao Jamdar and Another … Appellants Vs. The Commissioner … Respondents

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Pune Municipal Corporation and Others

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Mr. Ajay A. Joshi for the Appellants.

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CORAM : GAURI GODSE, J.

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DATE : 11^th DECEMBER 2024

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ORDER :

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Heard learned counsel for the appellants. This appeal is preferred by the original plaintiffs to challenge the concurrent judgments and decrees partly in favour of the plaintiffs. The trial court partly decreed the suit directing the Corporation to hand over possession of two stalls to the plaintiffs on filing an undertaking that they shall not keep the stalls on the road. The said decree is confirmed by the First Appellate Court in an appeal preferred by the plaintiffs.

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Learned counsel for the appellants submits that the plaintiffs

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are aggrieved by the refusal to grant a declaration that the

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Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2024.12.17 06:35:25 +0200

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39-SA-141-2024.docx

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Corporation’s actions of removing the stalls was illegal. He submits that the Anti Encroachment Division of the Corporation removed the stalls without following due procedure and without issuing any notice. He therefore submits that the second appeal would require consideration on the illegal action of the respondents of removing the plaintiffs’ stall without following the due procedure.

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I have perused the impugned judgments. Both the courts have refused to grant relief of declaration after considering the evidence on record. The trial court has referred to the admission given by the plaintiff no. 1 that there was no permission obtained from the Corporation before keeping the stalls on the road. Though it is contended on behalf of the plaintiffs that the stalls were put up on private property, no evidence is led on behalf of the plaintiffs to support their contention that the stalls were on the private property.

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Both the courts have therefore refused to grant any declaration as the Corporation had removed the stalls from the road through the Anti Encroachment Division. Both the courts have rightly refused to grant any declaration in the absence of any evidence to indicate that the plaintiffs had any right to install the stalls on public property.

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39-SA-141-2024.docx

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There is no illegality of perversity in the reasons recorded by

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both the courts. The second appeal does not raised any substantial question of law. Hence, the second appeal is dismissed.

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[GAURI GODSE, J.]

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Shri. Shriram Jayajirao Jamdar and Anr. v. the Commissioner Pune Municipal Corporation Shivajinagar, Pune and Anr.

Case brief

What is this about?

What the court decided

Shri. Shriram Jayajirao Jamdar and Anr. v. the Commissioner Pune Municipal Corporation Shivajinagar, Pune and Anr.

Case brief

What is this about?

What the court decided

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