SH. KISHORI LAL, S/O LATE CHHANGA RAM, R/O VILLAGE NAGELA, P.O. AND TEHSIL DALHOUSIE, DISTRICT CHAMBA, H.P. Vs. MUNICIPAL COUNCIL, DALHOUSIE, THROUGH ITS EXECUTIVE OFFICER, P.O. DALHOUSIE, DISTRICT CHAMBA, H.P. AND ORS.

JUDGEMENT

(1.) THIS appeal by the heirs of the original writ petitioner is directed against the judgment dated 1st June, 2007, passed by a learned Single Judge of this Court whereby he dismissed the writ petition filed by Shri Chhanga Ram, the original writ petitioner, and upheld the order of demolition passed by the Municipal Council, Dalhousie and confirmed by the learned District Judge, Chamba, in appeal. Briefly stated, the facts of the case are that the original writ petitioner, Chhanga Ram, was a lessee of certain land belonging to the Municipal Council, Dalhousie. According to the Municipal Council, the area of this land was only 12 feet x 12 feet. A complaint was received from the field staff of the Municipal Council on 19.09.2000 to the effect that the writ petitioner had demolished the single storeyed structure which was existing previously and had raised a four storeyed building having total constructed area of 210.5 sq. mtrs. and the plinth of the first floor was 69.08 mtrs., i.e. much more than the area leased out to the writ petitioner.

(2.) NOTICE was issued to Shri Chhanga Ram to remove the unauthorized construction and to explain why such construction should not be removed by the Municipal Council. The writ petitioner sent a reply, the translation of which reads as follows:

(3.) IT appears that a number of such wrong resolutions had been passed by the Municipal Council and a letter was sent by the Executive Officer to the Municipal Council to review the decisions passed in as many as fifteen cases including the present case. The Municipal Council then found that the notice had wrongly been withdrawn since the matter did not concern repair work and as per the field staff, a four storeyed building had been raised in place of the old one storeyed structure and even the dimensions of the new building were much larger than the old building or the land leased to the writ petitioner.