RAM PARSHAD Vs. ADMINISTRATOR, NEW MANDI TOWNSHIP

JUDGEMENT

(1.) THIS revision petition has been filed, against the order of the Commissioner, Jalandhar Division, Jalandhar (28.2.96) who while dismissing the appeal of the petitioner, upheld the order (4.2.93) passed by the Administrator, New Mandi Township, Punjab through which he had ordered the demolition of the unauthorised, unapproved and illegal construction made by the petitioner on Plot No. 25, situated at New Grain Market, Kapurthala.

(2.) THE petitioner purchased this plot to raise Shop-cum-Flat, on 23.1.73. As per terms and conditions of the sale, auction-purchaser (transfree) was required, to complete the building, within two years from the date of issue of allotment order in accordance with the conditions prescribed by the State Government in this behalf (condition No. 14). The transfree was required to get the plan of construction, approved from the Administrator, (condition No. 20). The transfree was further directed that no fragmentation of building site shall be allowed (condition No. 11). In case the transfree failed to observe or comply with any of the conditions of allotment his deposit was to be forfeited to the State Government which had the right to have the property resold by public auction (condition No. 18). The petitioner in token of acceptance of these conditions appended his signatures. The allotment order containing the terms and conditions was issued to him. Thereafter, the petitioner is alleged to have, in gross violation, of the building plan, raised the construction by fragmenting and dividing the plot, by constructing six independent and separate shops, thereon.

(3.) AFTER receipt of the file, the Administrator issued fresh notice as to why, auction under Section 14(2) of the New Mandi Townships Act be not taken, to get the unauthorised construction demolished. The petitioner sent his reply. He contested that he has raised the construction in the year 1987, at that time the Department did nor raise any objection. The limitation for getting the said construction demolished has since expired and the department is precluded/debarred from taking any action at this stage. The petitioner was again reminded, and directed to remove the unauthorised construction through another notice, but he failed to comply with the directions given by the Administrator. Administrator passed orders for demolition of un authorised construction (4.8.93). This order was challenged before the Commissioner, Jalandhar Division, Jalandhar, who dismissed the appeal (18.2.96) with the observation that a law of jungle cannot be allowed to operate, in use and construction of building on the plots in a mandi because on these sales, certain pre-conditions are imposed about the use and construction. If one person is allowed to violate then every one will do it.