- (1.) THE petitioner, in this writ petition, has prayed for quashing Letter No. 133 dated 8th February, 2008 whereby the petitioner has been directed by the Jamshedpur Notified Area Committee to demolish the illegal construction made by the petitioner within 48 hours, lest the same shall be demolished and in that event, the entire expenses shall be realized from the petitioner.
(2.) THE grievance of the petitioner is that before issuing the said letter, no notice was served on him, though in the impugned notice it has been mentioned that two notices were given to him. It has been submitted that the petitioner has not made any new construction. The same old house, which is standing over the plot since several decades, is being repaired and renovated. The impugned notice is contrary to the provisions of law and the rules of natural justice and is not sustainable and fit to be quashed. Learned counsel appearing on behalf of the Jamshedpur Notified Area Committee, on the other hand, submitted that it is evident from the impugned notice that earlier two notices dated 13th July, 2007 and 21st January, 2008 were sent to the petitioner asking him to stop illegal construction and to file his reply, but he did not appear and no reply was filed. Ultimately, the impugned notice has been issued under Section 364 of the Jharkhand Municipal Act, 2000.
(3.) MRS . Ritu Kumar, learned counsel, appearing on behalf of the petitioner submitted that the notice under Section 364 can be issued only if the person is required to execute the work or to do the thing, fails within the time specified in any requisition, to begin to execute such work or to do such thing, then only the Commissioner or any person authorised in that behalf, may after giving 48 hours' notice of their intention, enter upon the land and perform all necessary acts for the execution of the work exercising the power under Section 364 of the said Act. The provisions of Sections 359 and 363 of the Jharkhand Municipal Act have to be complied with before taking any action, as envisaged in Section 364 of the said Act.;