Hemant Gupta, J - (1.) THE challenge in the present writ petition is to the demolition notice dated 26.5.2011 (Annexure P.3) passed by the Secretary, Chandigarh Housing Board, exercising the powers of the Chief Administrator, Chandigarh. The brief facts leading to the issuance of the said notice are that the wife of the petitioner is an allottee of Flat Number 130, Sector 45 -A, Chandigarh. A show cause notice (Annexure R.2) is said to have been served upon the petitioner on 1.10.2010 calling upon the petitioner to appear before the Secretary, Chandigarh Housing Board, on 4.10.2010 in respect of the violations allegedly raised in the said building allotted to the wife of the Petitioner in the year 1990. In the said show cause notice, the following violations were pointed out : - 1. Store constructed in the rear court yard.
(2.) M .S. Gate opened in rear courtyard more than permissible width. M.S. Gate opened towards Government land at back.
(3.) GOVERNMENT Land encraoched with edge. 2. The petitioner appeared before the Board, but did not submit any written reply. Subsequently, the demolition notice (Annexure P.3) dated 26.5.2011 is said to have been issued, which is the subject matter of challenge in the present writ petition. 3. The argument raised by the petitioner is that the dwelling unit of the petitioner has been inspected by the officials of the Chandigarh Housing Board without giving notice of 24 hours in terms of the document (Annexure P. 10) communicated to the petitioner as information disclosed to the Petitioner under the Right to Information Act, 2005. 4. It is also argued that the respondents are issuing notices sometimes under the Haryana Housing Board Act, 1971 and sometimes under the Capital of Punjab (Development & Regulation) Act, 1952. Therefore, in the absence of clarity in respect of the applicability of law, the notices issued are not tenable.;