JUDGEMENT
RAMESHWAR SINGH MALIK,J. -
(1.) Present writ petition is directed against the order dated 20.09.2016 (Annexure P-14) passed by the
learned Additional District Judge, Jalandhar, whereby appeal of the petitioners was dismissed and
the order dated 09.03.2016, passed by Senior Town Planner, Jalandhar, directing the petitioners to
remove their illegal encroachment was upheld.
(2.) Heard learned counsel for the petitioners.
(3.) It is a matter of record that petitioners have raised their construction without any sanctioned building plan. This fact has been fairly conceded by the learned counsel for the petitioners.
Ownership of the Municipal Corporation, Jalandhar, is also not in dispute. As per the report
prepared by the office of Deputy Commissioner as early as in the year 1966, the survey register
revealed that the property in question was the ownership of the Municipal Corporation, Jalandhar.
Opportunity of hearing was granted to the petitioners by the Senior Town Planner on 9.10.2015.
Petitioners failed to place on record any relevant material to show that they have not caused the
encroachment on the public street. Having been left with no other option, the Senior Town
Planner, Municipal Corporation, Jalandhar, vide his impugned order dated 9.3.2016 (Annexure
P-12), directed the petitioners to remove their illegal encroachment within a period of four weeks.
Petitioners filed their appeal against the above-said order dated 9.3.2016 (Annexure P-12), which
also came to be dismissed by the learned Additional District Judge, Jalandhar, vide his impugned
order dated 20.9.2016 (Annexure P-14).;
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