FATHIMA BIBI Vs. A & N ADMINISTRATION

JUDGEMENT

(1.) By this writ petition order dated 6th August, 2019 made by Secretary, Municipal Council, Port Blair has been impugned.

(2.) Mr. Jayapal, learned advocate appears on behalf of petitioner and submits, this is third challenge to the Municipality's attempt to demolish his client's building. It was constructed per plan, except for some deviation, that ought to be regularized on payment of compensation, which his client is ready and willing to pay.

(3.) He refers to order dated 11th January, 2019 made in writ petition of private respondent, by which order dated 13th July, 2018, for demolition, was set aside, on direction upon petitioner, therein respondent no. 4, to file proper application giving her answers to concerned show cause notices. Facts in that case were, the Municipality had issued show cause notices and thereafter made demolition order, for enforcement of which private respondent herein had moved Court under article 226 of the Constitution of India. What is important is, thereafter parties accepted the order and proceeded afresh on the question of demolition.