Orissa Court August 1979 Judgments
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Shyam Sundar Das Vs. Municipal Council, Baripada and anr.
Court: Orissa
Decided on: Aug-06-1979
Reported in: AIR1980Ori145; 48(1979)CLT471
J.K. Mohanty, J.1. This is a plaintiff's appeal arising out of a suit for recovery of compensation for damages suffered by the act of the defendants.2. Plaintiff-appellant is the owner of plot No. 3290, in khata No. 1101/3/318 in Ward No. 9 of Baripada Municipal area. Close to the west of his site, his brother had constructed a building in or about the year 1960. The plaintiff had got a plan for construction of a building sanctioned by the Executive Officer on 14-10-1974, vide Ext. 3. He had already constructed boundary walls on three sides of his site and was constructing the boundary wall to the western side before starting the construction of his building. On 1-3-75, at about 2.50 p. m. a notice was served by the Municipality through the Executive Officer to stop the work of the compound wall. By then the plaintiff had already raised the wall to a height of four feet. Again on that day at about 5.00 p. m. another notice was served on him under the signature of the Executive Officer,...
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