K N SURESH Vs. LT GOVERNOR

JUDGEMENT

(1.) THE appeal is directed against an order disposing of a writ petition in which a decision rendered by the appellate authority under the andaman and Nicobar Islands (Municipal) Regulation, 1994 had been assailed. The effect of the appellate order being set aside is that a direction for the demolition of a construction is revived.

(2.) THE appellant purchased a piece of land measuring about 800 sq. ft along with a double-storied house standing thereon from a person who had bought the property from the writ petitioner under a Deed of Sale of September 17, 2001. It appears that the writ petitioner is the owner of a contiguous plot of land at Junglighat in the Port Blair Tehsil of the Andamans District. The writ petitioner complained to the Municipality in the year 2003 that the appellant herein had begun illegal construction on his plot of land. The Municipality issued a notice on October 29, 2003 charging the appellant with violation of the municipal Building Bye-laws and acting in breach of Section 168 (f) of the said 1994 Regulation. The specific violation complained was as follows :-

(3.) THE notice required the appellant to demolish the unauthorized construction, forbear from carrying out further work and show cause as to why the unauthorized construction should not be demolished.