SHIVKUMAR RAMPRAKASH VARMA Vs. COLLECTOR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to the respondent no.2-authority to demolish and remove the illegal and unauthorized constructions of commercial shops, which are allegedly put up by the respondent no.3 in the margin area, which was falling adjacent to plot nos.6 & 7 and Plot Nos.18 & 19 of original survey no.229/1 of Village:Gadkhol and known as Jai Jalaram Cooperative Housing Society Ltd.

(2.) The essential contentions raised by the petitioner are pertaining to the unauthorized construction and usage of the property for commercial purpose despite the permission was only for the residential purpose.

(3.) It is also contended by the petitioner that on his application, the respondent-authority initiated the action to the extent of sealing the premises and also contemplated to proceed for demolition, however, it was the respondent no.3, who approached the respondent no.2-authority and gave an undertaking for permitting him to use the premises for clearing it up and also undertook to demolish the unauthorized portion of the construction.