HARISH TANDON,J. - (1.) The Court: It is really an unfortunate state of affairs that a perpetrator of wrong has constructed two additional storeys at the premises and suffers an order of demolition and after the demolition is carried out, the demolished portion was restored to its original position with an intention to create a third party interest therein and invite a cumbersome situation.
(2.) The petitioner who is an occupant in the ground floor have filed the instant writ petition seeking implementation of the order of demolition which was partially carried out and the private respondents have mended the holes destroying the remnants of the partial demolition.
(3.) The purpose for recording the word 'partial' in the impugned order is necessary for occasion of the Corporation in carrying out the demolition of the unauthorised and illegal construction. It is uniformly submitted before the Court that the order of demolition passed by the competent authority is carried out by making the holes on the roof and the floor so as to render unusable and uninhabitable. But the unauthorised construction remains and a person like the private respondents in the instant case have no difficulty in restoring back the position ante by filling up the holes and mending other cracks which has developed because of such partial demolition. At the time of hearing on the last occasion when this Court was apprised of the aforesaid facts a report was sought from the Executive Engineer (Civil), Building Department. The report reflects the practical difficulties in carrying out the order of demolition in its true sprit because of the occupancy at the premises and to avoid any casualty which may happen during the full demolition, it is suggested in the report that unless the occupants of the first floor and the ground floor vacate their respective portions at least during the demolition period the full demolition would not be possible. Preciously for such reason this Court directed the concerned officer of the Ekbalpur Police Station to ensure the presence of the private respondents before this Court.;