MUNICIPAL CORPORATION LUDHIANA Vs. INDERJIT SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 12-12-2006 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 19605 of 2006 whereby and where under the writ petition filed by the appellant herein questioning the validity and/or legality of an order dated 5-9-2006 passed by the Additional District Judge and Fast Track Court, Ludhiana allowing an appeal preferred by the respondent herein; was dismissed.

(3.) The basic fact of the matter is not in dispute. One Hira Devi was the owner of a property bearing No. B-XXI-12652 situated at Link Road near Pratap Chowk, Ludhiana. First Respondent is her grandson. She constructed a marriage hall. Inter alia, on the premise that a part of the said construction was unauthorized, a notice dated 10-1-2001 was issued asking her to show cause as to why the purported illegal construction of shed measuring 60' x 40' should not be demolished. She was asked to file a reply to the said notice of show cause within three days. Allegedly, Hira Devi refused to accept the said notice. Another notice was issued on 1-2-2001 which was also not served. Appellant, however, contended that the respondent was fully aware of the contents thereof as an application for compounding that portion of the construction which was within the compoundable limit was filed. On an oral request made by the first respondent. a compounding fee of Rs. 1,95,374/- was fixed. Allegedly, a memorandum was issued asking him to pay the said amount but he failed and/or neglected to do so.