Notice Under Municipalities Act Not Mandatory When Seeking Declaration Of Title & Permanent Injunction Against Town Municipal Council: Karnataka HC
Live LawThe Karnataka High Court has made it clear that a prior notice under provisions of the Karnataka Municipalities Act is not mandatory while filing a declaratory suit of title and permanent injunction against the Town Municipal Council. Previous notice for suits, etc.— No suit shall be instituted against any municipal council, officer, servant or any person acting under the order or direction of such municipal council, officer or servant in respect of any act done or purporting to have been done in pursuance of this Act or any rule or bye-law made thereunder until the expiration of sixty days next after notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed, the name and place of residence of the intending plaintiff and the relief which he claims, has been in the case of a municipal council delivered or left at its office, and in the case of such officer, servant, or person, delivered to him or left at his office or place of residence and unless the plaint contains a statement that such notice has been so delivered or left. If any action is taken by the defendant under the provisions of The Karnataka Municipalities Act, then the defendant is entitled to prior notice as required under Section 284 of the Act.” Referring to Section 284 of the Act the court said that the notice as required under Section 284 of the Act is necessary in respect of any act done or purporting to have been done in pursuance of this Act or any rule or bye-law made thereunder” It was found that the defendant had not initiated any action against the plaintiff under the provisions of the Act, therefore, no prior notice as required under Section 284 of the Act, was necessary. The First Appellate Court without considering all these aspects has erred in holding that notice under Section 284 of the Act is mandatory and in the absence thereof, suit is not maintainable,” it was held.
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