MUNICIPAL CORPORATION Vs. S.K. MOTORS

JUDGEMENT

(1.) Municipal Corporation, Patiala and its Town Planner have invoked jurisdiction of this Court under Article 227 of the Constitution of India by filing instant revision petition assailing judgment dated 27.02.2010 passed by learned Additional District Judge, Fast Track Court, Patiala, thereby allowing appeal filed by Respondents M/s S.K. Motors and its partners Surinder Kumar and Rajinder Kumar under Section 269(2) of the Punjab Municipal Corporation Act, 1976, challenging notice dated 24.04.2008 (Annexure P-1) issued by Petitioner No. 1 Municipal Corporation.

(2.) Site plan of Respondents herein for construction of building including basement and three floors was sanctioned by Appellant No. 1 Corporation. However, Appellant No. 1 issued notice Annexure P-1 requiring Respondent No. 1 herein to show cause as to why order for demolition of the building raised by the Respondents herein be not made on account of violations of the building plan. Violations mentioned in the notice are reproduced hereunder:

(3.) I have heard learned Counsel for the Petitioners and perused the case file.