JUDGEMENT
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(1.) In a pursuance to the order passed by this Court on the last date of hearing, a Communication No. 1728 dated October 31, 1983, has been received from Shri Brij Mohan Mehra, Sub Divisional Engineer, Provincial Sub Division No. 1, PWD, B & R Branch, Panipat, in which the said Officer has expressed his opinion that the building in dispute i.e. No. 380, Ward No. II, Panipat, is fit for human habitation. Obviously, this mere opinion of the Local Commissioner without indicating the reasons on which the same is based, is of no assistance to this Court to decide the crucial point. The Registry shall, therefore, write to the above mentioned Local Commissioner that he should send to this Court a detailed report of the proceedings carried out by him at the time of inspection of the disputed building and give his reasons, both technical or otherwise for coming to the conclusion about the fitness of the building for human habitation. The report should contain facts regarding visual observations made by the Local Commissioner in this behalf. The Local Commissioner should also be asked to report if prior notice of inspection was given to both the parties and whether both the parties were present at the time of the inspection. The Local Commissioner be asked to send his detailed report as above so as to reach this Court by November 30, 1983.
The case to come up for further hearing on December 12, 1983.;
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