YOGESH KUMAR Vs. DEPUTY COMMISSIONER, KARNAL

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 7.5.1988, copy Annexure P-6 to the writ petition whereby Resolution No. 50 dated 28.3.1988 passed by the Municipal Committee, Karnal was suspended and order dated 12.7.1988 directing the petitioner to stop further construction.

(2.) Brief facts of the case are that the petitioner who is a resident of Karnal, had purchased a plot measuring 550 Sq. yards within the Municipal limits of Karnal. For the purpose of raising construction over the said plot, he applied for sanction of the building plan, which was accorded by the Municipal Committee, Karnal vide its resolution No. 50 dated 30.3.1988, copy Annexure P-1. Before the approval of the building plan, the petitioner deposited Rs. 17,591/- as Development Charges and Rs. 852/- on account of water and sewerage connections with the Municipal Committee, Karnal, vide its receipts dated 16.3.1988 and 28.11.1989, copies Annexures P-3 and P-4 respectively. After the sanction of the building plan, the petitioner undertook the construction of the building according to the sanctioned plan and spent Rs. 10 lacs on its construction.

(3.) To the petitioner's great dismay, though he had spent more than Rs. 10 lacs on the construction of the commercial building and installation of electric equipments etc., the Deputy Commissioner, respondent No. 1 by virtue of section 246 of the Municipal Act cancelled the Resolution dated 30.3.1988, copy Annexure P-1 to the writ petition, restraining the petitioner fromraising further construction. Feeling aggrieved against the order of cancellation dated 12.7.1988, Annexure P1, the petitioner made a representation, copy Annexure P-8 to the Chief Executive Officer, Municipal Committee, Karnal but of no avail. Left with no other alternative, he has come to this Court praying for quashing the impugned orders dated 7.5.1988, copy Annexure P-6 and 12.7.1988, copy Annexure P-7 on the plea that once the resolution according approval to the plan submitted by the petitioner was passed by the Municipal Committee, it cannot be suspended subsequently. It is contended by. the learned Counsel for the petitioner that since the petitioner has already raised the construction according the sanctioned plan after spending a huge amount of Rs. 10 lacs, there is no justification in the action of the respondents restraining him from raising further construction. The petitioner has alleged malafide and victimisation by the Deputy Commissioner, Karnal due to political pressure.