We get following order from highcourt please clarify
Learned counsel for the appellant/defendant submits that while the learned trial court has rejected the present representative suit on the basis report of Town Planner only, the
learned District Judge while allowing plaintiffs' appeal partly went on to direct the demolition of construction on the road in question for maintaining the width of the said road to the extent of 40' without
impleading such affecting persons before the court and without affording them opportunity of hearing; and for this reason, the appellant/defendant, Municipal Board, udaipur, has filed the present second appeal.
The matter requires consideration.
Issue notice to the respondents, returnable within four weeks.
Office is directed to give notice 'Dasti' to the counsel for the appellant, to be sent by registered AD post directly by the
counsel for the appellant, and will not be sent to the concerned Dist.
Judge. Direct service permitted.
Counsel to file proof of service on the respondents and
not merely proof of despatch of notices, before the next date
Meanwhile, the effect and operation of the impugned
judgment and decree of the learned appellate court (District Judge,
Udaipur) dated 15.07.2015 to the extent it directs the demolition of
the construction by December, 2015, maintaining the width of the
road at 40 feet, shall remain stayed. However, the Municipal Board,
Udaipur, shall not grant any further construction permission on the
said road without leave of this Court and without maintaining the
width of the road at 40 feet.