VIRENDER SUDAN Vs. STATE AND OTHERS

JUDGEMENT

(1.) Short grievance of the petitioner is that although vide order Annexure B dated 20.01.2010, permission was granted by the Jammu Municipal Corporation to the petitioner for construction of toilet block on khasra No.98 min and 117 min, yet the same was demolished on 15.02.2010 as is evident from communication Annexure G dated 20.12.2012 from the Chief Enforcement Officer, Municipal Corporation Jammu as per information supplied under the RTI Act, whereas permission granted vide order Annexure B dated 20.01.2010 was cancelled later on, on 18.02.2010 and order to that effect was passed on 26.02.2010 as per the information supplied under the RTI Act vide Annexure G and order in terms of cancellation of permission by the Chairman, BOCA Jammu. It is further contended that all actions taken by the Jammu Municipal Corporation for cancellation of permission and demolition of the toilet block constructed as per the permission granted were without compliance with the principles of natural justice or for that matter giving any opportunity of hearing.

(2.) Learned counsel for the petitioner contends that the Jammu Municipal Corporation acted very arbitrarily and illegally in resorting to demolishing the toilet block constructed by the petitioner pursuant to grant of permission and in the circumstances, not only is the impugned action liable to be held illegal, but the petitioner is also liable to be compensated for the illegal demolition of the toilet block.

(3.) Per contra, learned Sr. AAG vehemently opposed the submission by relying upon the following in support of the plea that the permission was cancelled and demolition ordered since father of respondent No.8 had made a complaint that the land in question was in his adverse possession and the petitioner had no right in respect of the land in question, therefore, could not have constructed the toilet block on the same.