In the written statement, it was denied that the plaintiff has become the owner of the suit property and challenged that the mutation is forged, vague and result of manipulation in connivance with the revenue authorities. It was further averred that the defendants are the owners of the suit property measuring 0 kanal 3 marlas on which the plaintiff had made encroachment and had also constructed a shop without getting any site plan sanctioned which is mandatory in view of Section 198 of the Punjab Municipal Act, 1911 (here-in-after referred to as the “Act”). The plaintiff had applied for sanctioning of site plan on 20.01.2005 which could have been sanctioned within 60 days up to 19.03.2005, but it was under process and when it came to the notice of the defendants that the suit property belongs to the Municipal Council, notice under Section 195-A of the Act dated 18.02.2005 was issued, but the plaintiff had already erected the construction on the suit property which is liable to be demolished and when notice under Section 195-A of the Act was sent to the plaintiff, the
