SMT.JASPREET KOUR BEHL, W/O S. MANJEET SINGH, R/O PADORA KARIAH, (PATNITOP) Vs. CHIEF EXECUTIVE OFFICER, PATNITOP DEVELOPMENT AUTHORITY KUD (BUILDING OPERATION CONTROLLING AUTHORITY)

JUDGEMENT

(1.) The appellant raised disputed construction in two sets. The first set of construction measuring to 1700 sft was constructed in Aug. 1998 without obtaining permission and in respect of which 'a demolition order dated 19-08-1998 under Town Planning Act was passed by prescribed Authority. On appellant's appeal this Tribunal by its order dated 25-09-1998 ordered for the compounding of the violation. The order of the Tribunal was challenged in the writ petition No. 1091/ 99 before the Honourable High Court and Honourable High Court by its judgement dated 04-04-2000 decline to interfere. A L.P.A. against the said judgement filed by Patnitop Development Authority is stated to be pendng. This set of construction is not in issue in this appeal.

(2.) The appellant had started raising the other part of construction in the month of June 1999 in the area adjacent to the first set of construction. In respect of this part of the construction Patni Top Development Authority (here in after called PDA) issued and served upon the appellant a show cause notice dated 11-06-1999 under section 13 (1) of the Town Planning Act. The appellant did not submit her reply so demolition order/notice dated 19- 06-1999 was passed and served upon her.

(3.) Aggrieved by the demolition order the appellant preferred an appeal before this Tribunal on the ground that though she applied for granting of permission but her application had not been considered. The Tribunal allowed her appeal by its order dated 27-07-1999 and directed PDA to consider her case of building Permission within 40 days. PDA challenged the said order of Tribunal also in the aforesaid writ petition No. 1091/99 before the Honourable High Court which came to be decided on 04-04-2000. The Honourable Court in respect of the show cause notice dated 11-06-1999 and demolition order dated 19-06-1999 ordered as follows: