Dedication to public - No right in Municipality to put up structures on vacant site which are not necessary for maintenance or user of it as a pathway - Suit by owner for permanent injunction against Municipality from putting up structures and for possession - Maintainability

Citation

AIR 1965 SUPREME COURT 1147

SUPREME COURT

(From Allahabad)*24th November, 1964.

K. SUBBA RAO , J. and RAGHUBAR DAYAL , J. and N. RAJAGOPALA AYYANGAR , J.

Civil Appeal No. 814 of 1962, D/- 24 - 11 - 1964

The Municipal Board, Manglaur Appellant v. Mahadeoji Maharaj Respondent.

Highway - Dedication to public - Inference of, from long user by public - Extent of user - Indications of - Metalled road passing through plot of land of private owner - Existence of vacant

sites between drains on either side of road - Road and drains maintained by Municipality - Public pathway vests in Municipality - No right in Municipality to put up structures on vacant

site which are not necessary for maintenance or user of it as a pathway - Suit by owner for permanent injunction against Municipality from putting up structures and for possession -

Maintainability. U.P. Municipalities Act (2 of 1916), S.116(g) - Specific Relief Act (1 of 1877),