Law: Punjab Municipal Act, 1911

Section: 169(g)

Punjab Municipal Act (III of 1911), Section 169 (g)----Land vesting in and used by Committee as Public street-Decision as to weather it is no longer required for public street cannot be taken arbitrarily by Committee. According to clause (g) of section 169, the Committee may lease a site which was used for a public street but which is no longer required for a public street. A prerequisite of the power to lease is that it should no longer be required for a street, and a decision as to this matter, namely, whether the site in question is or is not required for use as a public street, cannot be taken by the Committee in an arbitrary manner. It cannot, be argued with any reason that a parti­cular site is no longer required for a public street, merely because the public or any member of the public will not be put to any particular inconvenience by effecting a slight detour. A. I. R. 1934 Lah. 986 (1), A. I. R. 1939 Lah. 44, A. I. R. 1939 Lah. 199, 16 Lah. 517 referred to. JUDGMENT The plaintiff, Khwaja Haji Ahmad, filed a suit against the Municipal Committee of Jhelum and Chaudari Haji Ahmad, for a declaration that the committee had exceeded its power in allowing Chaudhri Haji Ahmad, defendant, to erect a wooden shop on a certain part of the Railway Road, so as to obstruct the view of a building called "Khwaja Market," belonging to the plaintiff, and causing inconvenience to persons seeking access to the aforesaid building. The two lower Courts held that the structure in question did not cause any obstruction to the plaintiff's building and dismissed the suit. The structure in question is shown in plan Exhibit P. A. in pink colour as ABCD. To its west is a street 20 feet in width, separating it from the gate of Khwaja Market. On the north and the east is the Railway Road. To the south is a block of platforms in front of what has been described in the plan as a " block of shops," triangular in shape, the northern angle of the triangle meeting the south-western corner of ABCD. The contention of the plaintiff in the lower Appellate Court appears to have been (1) that enough room was not left for carts to turn in and turn out as they had to pass over several drains and…

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