PAWAN KUMAR Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 2.11.2001 passed by the learned District Judge, Chamba in Civil Misc. Appeal No. 11 of 2001.

(2.) THE brief facts necessary for the adjudication of this petition are that the respondent-Council had received a complaint from its Engineer and Sanitation sections that the petitioner was making unauthorized construction by raising RCC pillars for new building below hotel Jaspreet, Dalhousie without getting prior permission. The Council served a notice upon the petitioner on 2nd August, 2000 to stop the construction and also to remove the unauthorized construction. Consequently matter was placed before the respondent-council on 17th June, 2001. The Council vide its resolution No.179(2) unanimously resoved to demolish the unauthorized construction raised by the petitioner. The Executive Officer had issued order on 5th July, 2001 directing the petitioner to demolish the unauthorized construction of RCC slab on RCC pillars measuring 18'x30' within seven days. The petitioner aggrieved by the order i.e. 5th July, 2001 preferred an appeal under section 212 (1) of the H.P. Municipal Act, 1994 before the learned District Judge, Chamba Division Chamba camp at Dalhousie. The learned District Judge, Chamba dismissed the appeal on 2.11.2001.

(3.) MR . Neeraj Kumar Sharma, Advocate appearing on behalf of the respondent-council has supported the order passed by the Executive Officer, Municipal Council, Dalhousie dated 5th July, 2001 and judgment dated 2.11.2001.