SOMA DEVI Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS petition is directed against the judgment of learned District Judge, Chamba, District Chamba, H.P. dated 20.10.2001.

(2.) THE brief facts necessary for the adjudication of this petition are that the respondent No.1-Council had received complaint dated 1.4.1999 and 6.4.1999 from the Engineering and Sanitation sections to the effect that the petitioner is engaged in unauthorized construction on Kathlig Road Dalhousie without prior permission under the relevant provisions of the H.P. Municipal Act, 1994. The notice was issued to the petitioner under section 211 (1) (a) of the H.P. Municipal Act on 1.5.1999 to stop the construction. The petitioner did not stop the unauthorized construction and thereafter on the basis of written report dated 13.4.2000, the respondent-council served the petitioner with a notice under section 211 Municipal Act, 1994 on 24.4.2000. The matter thereafter was placed before the House of the Municipal Council on 31.5.2000 and subsequently on 18.8.2000. The petitioner was served with a notice on 22.9.2000 after receipt of complaint from the Engineering section of the respondent-council on 21.9.2000 asking the petitioner to stop the unauthorized construction. Ultimately, the matter was placed before the House of the Council on 27.6.2001 whereby it was resolved to demolish the unauthorized construction raised by the petitioner. The Executive Officer of the Council issued notice dated 5th July, 2001 to the petitioner to demolish the unauthorized construction within 7 days from the receipt of orders. The petitioner feeling aggrieved with the order dated 5.7.2001 filed appeal under section 212 (1) of the H.P. Municipal Act, 1994 before the learned District Judge, Chamba on 12.7.2001. The learned District Judge has dismissed the appeal on 20.10.2001.

(3.) MR . Neeraj Kumar Sharma, Advocate appearing on behalf of the respondents has refuted the submissions made by the counsel for the petitioner.