SH. R.P.SHASTRI, S/O SH. BARI RAM, R/O 192 GANDHI NAGAR Vs. BUILDING OPERATION CONTROLLING AUTHORITY (PATNI TOP DEVELOPMENT AUTHORITY AREA) KUD, THROUGH IT CHAIRMAN

JUDGEMENT

(1.) This appeal is directed against the order dated 20.10.2001 issued under Sec. 7 (3) of Control of Building Operations Act 1988 against the appellant directing him to demolish the unauthorised construction raised by him.

(2.) The brief narration of facts leading to the passing of the demolition order be noticed which is that in the writ petition Shri Yoginder Paul Talwar & others Vs. Patni Top Development Authority & ors , the Honourable High Court by its order dated 12.11.1999 issued a direction to the Patni Top Development Authority in the following terms:-

(3.) The appellant has constructed the hotel "Dogra Residency at village Karlah Patni Top and pursuant to the direction given by Honourable High Court, the Patni Top Development Authority (here -in-after called PDA) got examined the construction of the appellant by a committee of Town planners which reported that appellant, without obtaining any permission had constructed Attic Floor on the existing Hut by covering an area of 846 sft in Block-A, Basement 900 sft, ground floor 1593 sgt, Attic floor 1593 sft in Block B and Kitchen Block-C 390 sft which covered in all area of 6915 sft. And in the said construction the appellant had kept disposal of Liquid/ Solid waste Management towards Link Road spoiling Environment/ Ecology system besides creating hinderance for widening of Karlah-Gouri Kund road. The appellant was also found to have diverted the natural flow of spring water creating danger to surrounding buildings, that the block B& C had been constructed on the edge of boundary line without keeping set backs when the land use of the area in Master Plan was Agricultural.