JAGDISH CHANDRA PUNETHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition is preferred assailing the order dated 7.11.2003 passed by Prescribed Authority, order dated 24.6.2005 passed by Controlling Authority and order dated 11.9.2008 passed by State Government.

(2.) Brief facts of the present case, inter alia, are that Prescribed Authority under the Uttar Pradesh (Regulation of Building Operations) Act, 1958 (for short, the Act) was pleased to issue show cause notice to the petitioner u/s 10 of the Act on 26.5.2003, calling the explanation from the petitioner as to why illegal construction raised by him be not demolished; on 27.5.2003 the petitioner moved an application before the Prescribed Authority stating therein that petitioners were undertaking repair work inside the house however since the house was in dilapidated condition, being old structure, the house all of sudden fell down, thereafter the petitioner started reconstruction of the house of same dimension. Therefore, there was absolutely no need to get the map sanction; however the petitioners are ready to compound the construction which are found unauthorized. Instead of passing any order on the application dated 27.5.2003, seeking compounding of the construction learned Prescribed Authority was pleased to pass an order on 7.11.2003, imposing penalty of Rs.82,500/- for carrying out unauthorized construction. Order dated 7.11.2003 was assailed u/s 15-A of the Act before the Controlling Authority; however the Controlling Authority was pleased to dismiss the appeal vide order dated 24.6.2005; order of the Controlling Authority was assailed before the State Government, however the revision also came to be dismissed vide order dated 11.9.2008; feeling aggrieved, the petitioners have preferred this writ petition.

(3.) I have heard Mr. B.C. Pandey, learned Senior Counsel assisted by Mr. Paresh Tripathi, learned counsel appearing for the petitioners and Mr. R.C. Arya, learned Standing Counsel appearing for the State/respondents and have carefully perused the record.