D.B. THAPA Vs. URBAN DEVELOPMENT & HOUSING DEPARTMENT
LAWS(SIK)-2021-3-19
HIGH COURT OF SIKKIM
Decided on March 17,2021

D.B. Thapa Appellant
VERSUS
Urban Development and Housing Department Respondents

JUDGEMENT

J.K.MAHESHWARI,J. - (1.) Being aggrieved by the Order dated 26.11.2020 passed in W.A No. 04 of 2020, this petition has been preferred seeking review.
(2.) Learned Counsel for the appellant has raised three points (i) any house construction on the road side is required to compulsorily construct a garage in the house on the land, (ii) it is further contended that in all the houses situated in the road side are having garage, out of them several persons have constructed the garage on the Government land and (iii) the notice for demolition suffers with inherent defects without specifying the violation of any of the provisions of the Sikkim Allotment of House sites and Construction of Building (Regulation and Control) Act, 1985, therefore, there is an error apparent on the face of the record in the order under review, which warrants interference in this petition.
(3.) On the other hand learned Additional Advocate General argued in support of the Orders passed by this Court inter alia contending that the construction of a garage has been made on the Government land attached to public road for which demolition notice has rightly been issued and the actions has rightly been taken. Learned Single Bench as well as Writ Appellate Court has refused to interfere assigning the detailed reasons, therefore, there is no error apparent on the face of record in this case.;


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