CHHANGA RAM Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS petition is directed against the judgment of the 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-Council had received complaints from its Engineering and Sanitation sections to the effect that the petitioner had constructed a four storeyed building without getting prior permission from the Municipal Council. Consequently, a notice under section 211 (1) (a) of the Municipal Act, 1994 was delivered to the petitioner to remove the unauthorized construction. The petitioner had admitted vide letter dated 13.11.2000 that he had raised the construction but submitted that it was not unauthorized as he only demolished the old building and thereafter raised the new construction. Consequently the matter was placed before the House of the Municipal Council which vide resolution No. 167 (8) dated 27.6.2007 unanimously resolved to demolish the unauthorized construction raised by the petitioner. Ultimately order dated 9th July, 2001 was issued by the Executive Officer of the Municipal Council, Dalhousie. Feeling aggrieved by the order dated 9.7.2001, he filed an appeal under section 212 (1) of the Municipal Act, 1994 before the learned District Judge, Chamba on 13.7.2001. The learned District Judge has dismissed the appeal on 20.10.2001.

(3.) MR . Sandeep Kaushik, Advocate appearing on behalf of respondent-Council has supported the orders passed by the competent authorities.