KAMLESH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge herein is to the notice of demolition Annexure P -4 dated 20.6.2001. It is the positive case of the petitioners, which has not been denied in the written statement filed by the respondents, that the construction made by the petitioners, which was not in accordance with the Rules, was compounded on the petitioners paying the compounding charges and yet the impugned notice was issued for demolition of the construction.

(2.) In the reply, which has been filed on behalf of respondents No.2 and 3, it has also been asserted with equal vehemence that some of the construction was made by the petitioners which could not be compounded, for which action against the officials/officers, who passed the order of charging compounding fee, is contemplated.

(3.) Be that as it may, during the course of arguments, it could not be disputed by learned counsel representing the respondents that in the peculiar facts and circumstances of the case, mentioned above, demolition notice Annexure P -4 should be quashed with liberty to the respondents to issue a show cause notice to the petitioners with regard to illegal or unauthorised compounding of the structure which could not be compounded, have a reply of the petitioners and pass an order in accordance with law.