Law: Punjab Municipal Act (III of 1911)

Section: 169 (g)

(a) Punjab Municipal Act (III of 1911) S. 169 (g)-Lease of public streets-Cannot be given by Municipal Committees, at their sweet wish, without framing any rules and without keeping in view factum of such land being no more required for purposes of public street or its being likely to disturb any easement right of any person-Committee cannot interfere with rights of owners of houses abutting on road with regard to road and diminish their comforts-Breach entitles owners to sue. It cannot be left to the sweet wish of the Municipal Committee to lease out any portion of the public street without framing any rules and without keeping in view the factum that the portion which it is leasing out or is otherwise disposing of by way of sale, is no more required for the purposes of public street or is likely to disturb any easement rights of light etc. of any person whose house abuts on that street. The Municipal Committee could not interfere with the rights of owners of houses abutting on road with regard to road and diminish comforts of occupants of houses. The owners have actionable claim against the Municipal Committee. Municipal Board of Agra and another v. Sudarshan Das Shastri 26 I C 206 ; Municipal Committee Hafizabad v. Bhola Nath A I R 1939 Lah. 44 and Municipal Committee, Delhi v. Muhammad Ibrahim A I R 1935 Lah. 196 ref. (b) Appeal (civil) Findings of fact-Not sacrosanct when based on ignoring or mis reading of evidence or when Court relies on inadmissible evidence. The findings of fact shall not be sacrosanct when the Courts below have either ignored evidence or relied on inadmissible evidence or have misread the evidence. Date of hearing : 6th May 1974.                                                                                                                                    JUDGMENT This second appeal is directed against the…