MASOOD AHMED PARTNER Vs. COMMISSIONER KUMAON DIVISION, NAINITAL

JUDGEMENT

(1.) The petitioner is running a hotel at Mallital, Nainital under the name and style of M/s Hotel Woodland which had a ground floor and a first floor. The petitioner applied for construction of the second floor. The Nainital Lake Development Authority sanctioned a map for the construction of the second floor by an order dated 16/10/1991. Clause 15 of the terms and conditions of the order dated 16/10/1991 contemplated that the roof of the second floor would not be of RCC slab but would be made of tin sheet having a slope. The sanctioned plan, a copy of which, has been annexed as annexure-1 to the writ petition, indicates the height of the second floor at 2.9 meters plus 1.4 meters. The petitioner started the construction of the second floor and, after the height of 2.9 meters, raised a concrete slab. At that point of time, the authorities issued a notice directing the petitioner to stop the construction as the same was in violation of the sanctioned plan. It transpires that the petitioner paid no heed to the said notice and, eventually, an order dated 22nd February, 1992 was passed directing the petitioner to demolish the RCC slab constructed at the height of 2.9 meters. The petitioner preferred an appeal alleging that he had not made any violation of the terms and conditions of the sanctioned plan and that the RCC. slab was for the purpose of a false ceiling on top of which a tin roof would be erected. The appellate authority did not agree with the submission of the petitioner and rejected the appeal by an order dated 31st March, 1994. The petitioner, being aggrieved, filed a writ petition before the High Court of Judicature at Allahabad where it was admitted and an interim order dated 06/09/1994 was passed which is quoted hereunder :-

(2.) Based on the aforesaid directions of the court dated 6th September, 1994, the petitioner raised a tin roof over the RCC slab. It is stated that the tin roof is in accordance with the height mentioned in the sanctioned plan.

(3.) Upon the creation of this High Court, the matter was transmitted from the Allahabad High Court to this Court.