S.N. PANDEY Vs. STATE

JUDGEMENT

(1.) SMT . Bhagwan Devi is the owner of the house No. 59 Ara Ghar, Police Station Kotwali, District Dehradun. Notice was given to her under Section 263 U.P. Municipalities Act by the Municipal Board to demolish the construction as it was in ruinous condition and is likely to fall and jeopardise the lives of the people living in the vicinity. Satya Narain is the tenant of these premises. He refused to vacate the portion of the house occupied by him and kept it constantly locked. An application was therefore, given by the landlady Smt. Bhagwan Devi under Section 310 of the Municipalities Act praying that Satya Narain be ejected from the premises, as she could not comply with the notice sent to her by the Municipal Board. On this application without giving notice to the tenant, the Magistrate concerned has passed an order by which he had directed the premises in the occupation of the tenant to be unlocked and the inventory of the goods prepared and made over to a reliable Supardar.

(2.) AGGRIEVED thereby, a revision was filed by Satya Narain before the Sessions Judge Dehradun who has made the present recommendation to this Court for quashing the impugned order of the Magistrate.

(3.) IF the landlord is unable to comply with the notice given to her under Section 263 of the Municipalities Act for demolishing the construction as a result of the obstruction caused by the tenant, it is still open to the landlord to have brought this fact to the notice of the Municipal Board under Section 263 of the Municipalities Act and the occupier of the building who is in this case a tenant could also have been served with a notice of demolition. If inspite of service of such a notice, the tenant still obstructs the demolition of the construction by his high handedness, then under Section 307, the Municipal Board could have taken action to get the construction demolished.