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Judgment
5 paragraphs · 166 wordsLeave granted.
We have read and considered the order of the High Court impugned in the present appeals.
We have heard learned counsels for the parties.
On due consideration, we find that the High Court in coming to the impugned conclusions and in directing for eviction of the appellants/removal of alleged encroachments, had arrived at conclusions not supported by the documents on record. Merely because the report of the Advocate-Commissioners appointed by the Court had indicated that the appellants had raised unauthorised construction, the High Court could not have come to the impugned conclusions and issued directions as stated above. We are equally surprised that the Municipal Corporation, which now support the order of the High Court, did not take any action in the matter and did not exericse its power under the Statutes.
In the above circumstances, we allow the appeals set aside the order of the High Court and grant liberty to the Municipal Corporation to proceed in accordance with law, if so advised.