SARASWATIDEVI Vs. TOWN MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE petitioner having put up a construction of a building on a piece of land owned by her, after securing necessary sanction from the respondent -Council, under the Karnataka Municipalities Act, 1964, was issued with a notice dated 16 -7 -2004, Annexure -H, by the respondent, calling upon her to demolish the building within 7 days, on the ground that the construction was on a public park. Hence this petition.

(2.) INDISPUTABLY , the impugned notice calls upon the petitioner to demolish the building, which cannot be termed a "notice" but is an order directing demolition of the construction erected by the petitioner. The petitioner undoubtedly was not issued with a notice of the proceedings and the order passed by the Lokayukta nor extended an opportunity of hearing to the petitioner to have her say in the matter.

(3.) RECORDING the submission of the learned Counsel for the respondent the writ petition is accordingly disposed off.