A. N. Varma, J. - (1.) THIS petition assails the validity of an order dated January 23, 1984 passed by Executive Officer, Municipal Board, Mussoorie, whereby the petitioners have been asked to stop forthwith the construction work of a building in regard to which the petitioners' plans had been sanctioned by the Municipal Board by an order dated August 31, 1982. The impugned order states that the State Government has, in the exercise of its powers, under Section 34 (1-B) of U. P. Municipalities Act, directed that the construction work of all the multi-storyed buildings at Mussoorie be stopped forthwith and consequently the above directions were being issued to the petitioners.
(2.) THE principal contention of the petitioners was that the State Government has, in fact and in law, issued no such directions for orders under Section 34 (1-B). Consequently the impugned order which proceeds on the premise that such an order has been issued by the State Government is liable to be quashed. The petitioner no. 1 is a private limited company duly registered under the Indian Companies Act, 1956, having its registered office in New Delhi. Petitioner no. 2 is a Director and shareholder of tbe petitioner no. 1 company. On April 10, 1982, the petitioner submitted a building plan to the Building Engineer, Municipal Board, Mussoorie, for the construction of a hotel-cum-recreation complex in the compound of the premises known as 'Lauriston Estate'. Subsequently, the petitioners submitted a revised plan for sanction on July 27, 1982. In the application for the sanction of the revised plan it was asserted that the petitioners proposed to build a holiday home and club house for their Company and that the previous plans submitted by them be treated as cancelled. On August 28, 1982, the Municipal Engineer submitted his report and, on the same day, the Officer In-charge forwarded the report of the District Magistrate who was then acting as the Administrator of the Municipal Board. It appears that on September 28, 1982, the Administrator asked for some more details in regard to the revised building plans submitted by the petitioner which were furnished by the petitioners. Thereupon on August 30, 1982, the Municipal Engineer submitted another report which was signed by the Officer In-charge. Finally on August 31, 1982, the Administrator granted the sanction to the revised building plans submitted by the petitioners. It may be stated at this point that the building which the petitioner proposed to construct was to comprise six storyes. A perusal of the building plan indicates that building which was proposed to be constructed by the petitioners was to comprise of several composite residential flats consisting of drawing-cum-dining room, bed room, toilet, pantry and balcony etc. on each of the storyes.
(3.) THE petitioners state that armed with the sanction granted by the Administrator and after complying with the other necessary formalities they entered into an agreement with a building contractor Messrs K. R. Builders (P) Ltd., through their sister concern Messrs Mohan Investment and Properties Ltd. New Delhi who are acting as promoters. THE petitioners then got the existing structures standing over the building site demolished and by the time the aforesaid order was served on the petitioners they had already completed three storyes and the fourth storey was near completion. It is said that these building operations bad gone on for almost 18 months since the sanction was accorded when the impugned order was served upon the petitioners. In between it is alleged that the engineers of the Municipal Board had been inspecting the building site the construction work without any objection. It is further asserted by the petitioners that in the process they have already invested more than Rs. 30,00,000/- on the project. The petitioners contended that their building plans having been sanctioned as far back as August 31, 1982 and the petitioners having started the construction pursuant thereto without any objection, the respondents have no power to restrain them from going ahead with the building operations.;