LAWS(P&H)-2011-10-86

SANEH LATA Vs. MUNICIPAL CORPORATION

Decided On October 04, 2011
Saneh Lata Appellant
V/S
MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) THE crux of the facts, culminating in the commencement, relevant for deciding the instant writ petition and emanating from the record, is that the Building -site plan, submitted by the Petitioner Saneh Lata for the purpose of raising construction of her house, was sanctioned on 19.10.2006 by the Respondent Municipal Corporation (for brevity "the MC"), Bathinda, in view of the provisions of The Punjab Municipal Corporation Act, 1976 (hereinafter to be referred as "the Act"). Since the Petitioner raised an un -authorized construction in complete violation of terms and conditions of the sanctioned site plan, so, the MC served a show cause notice to her. In pursuance of show cause notice dated 19.10.2009, she filed her replies on 22 & 29.10.2009, wherein, she admitted, but claimed that the un -authorized/additional constructions have been pulled down. Taking into consideration the indicated violations, the MC directed the Petitioner to remove the un -authorized constructions, by virtue of impugned order dated 30.10.2009 (Annexure P2).

(2.) AGGRIEVED by the decision (Annexure P2) of the MC, the Petitioner filed the appeal, which was dismissed as well, by the Additional District Judge (appellate authority), by way of impugned order dated 23.7.2011 (Annexure P1).

(3.) AFTER hearing the Learned Counsel for the Petitioner, going through the record with his valuable assistance and after deep consideration over the entire matter, to my mind, there is no merit in the instant writ petition.