ASHOK KUMAR TUMBERIA Vs. HARDWAR DEVELOPMENT AUTHORITY HARDWAR

JUDGEMENT

(1.) THIS is a matter from. Hardwar where the petitioner desires that the notices issued to him by Hardwar Development Authority dated 28, September, 1993 and 18 October, 1993, annexures 6 and 7 respectively, demanding compounding the of, Rs. 2,67,588/- for making the illegal constructions, be quashed.

(2.) THE Court has heard counsel for the petitioner Sri S. N. Kesarwani and Sri P. M. Gupta, learned counsel appearing on behalf of Hardwar Development Authority.

(3.) THE notice of the Hardwar Development Authority dated 30-6-1993 make it clear that on either side of the road, called Upper Road at Hardwar, on one side there is a Mayur Hotel and on the other side the illegal constructions of the petitioner. THEse constructions are on the road side. Do these constructions violate the street alignment? What was the petitioner's title to the land on which the constructions have been made ? Was the petitioner allotted the land for construction as licensee by the local administration? Was the petitioner owner of the land as opposed to a licence? THE Court is reflecting on these aspects as the petitioner has given no facts.