PRADIP KUMAR KHATUWALA Vs. NAGAR PARISHAD

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) At the request of the learned counsel for the petitioner, the defects, as pointed out by the office, are ignored.

(3.) The present writ petition has been preferred for quashing and setting aside letter no. 1750 dtd. 5/12/2020 (Annexure-7 to the writ petition) issued by the Administrator, Nagar Parishad Jhumri Telaiya(respondent no.2) whereby the petitioner has been directed to remove the illegal construction of third and fourth floors of the building known as Devshree Complex, Ward No. 15, Station Road, Jhumri Telaiya (hereinafter referred as "the said Building") within seven days on his own in purported compliance of the order dtd. 4/12/2020 passed by the learned Lokayukta failing which the same would be demolished at his cost. Further prayer has been made for quashing letter no.30 dtd. 5/1/2021 (Annexure-10 to the writ petition) issued by the respondent no. 2 whereby last opportunity has been granted to the petitioner to remove the alleged illegal construction within one week from the date of issuance of the said letter. The petitioner has further prayed for issuance of direction upon the respondent nos. 1 and 2 to keep the letter no. 1750 dtd. 5/12/2020 and letter no. 30 dtd. 5/1/2021 issued by the respondent no. 2 in abeyance till the respondents assess the deviation from the sanctioned building plan and consequently condone the deviation in accordance with law by imposing appropriate fine and thereafter regularize 3rd floor of the said building.