EYELEX CINEMA, RANCHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction to quash the general notice issued by respondent no. 3, Deputy Commissioner, Ranchi, as published in the local vernacular "Hindustan" dated 20.12.2008, whereby and whereunder, the petitioner alongwith others have been noticed to remove their residential building by 30.12.2008 otherwise the same would be removed by force.

(2.) LEARNED counsel for the petitioner submits that the notification in issue as published in the daily newspaper "Hindustan" dated 20.12.2008 is violative of the statutory law, as provided under the Aircraft Act, 1934 and in particular Section 9 -A (3). He has further referred to and relied upon Rules 3 to 6 of the Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 1994, to support his contention. According to the learned counsel for the petitioner, before demolition a notice has to be issued and/or it has to be pasted at a specific place and then only the authorities can initiate action. Learned counsel further submits that the notification has been issued without any notice and, thus, the same is illegal and liable to be set aside.

(3.) LEARNED counsel for the respondent -State submits that the notification has been issued under Section 9 -A by the Central Government, as provided under the Aircraft Act, 1934 and the State through the office of the Deputy Commissioner has published the notification.