JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 12.12.2006 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.19605 of 2006 whereby and whereunder the writ petition filed by the appellant herein questioning the validity and/or legality of an order dated 5.9.2006 passed by the Additional District Judge and Fast Track Court, Ludhiana allowing an appeal preferred by the respondent herein; was dismissed.

3. The basic fact of the matter is not in dispute. One Hira Devi was the owner of a property bearing No.B-XXI- 12652 situated at Link Road near Pratap Chowk, Ludhiana. First Respondent is her grandson. She constructed a marriage hall. Inter alia, on the premise that a part of the said construction was unauthorized, a notice dated 10.1.2001 was issued asking her to show cause as to why the purported illegal construction of shed measuring 60 x 40 should not be demolished. She was asked to file a reply to the said notice of show cause within three days. Allegedly, Hira Devi refused to accept the said notice. Another notice was issued on 1.2.2001 which was also not served. Appellant, however, contended that the respondent was fully aware of the contents thereof as an application for compounding that portion of the construction which was within the compoundable limit was filed. On an oral request made by the first respondent, a compounding fee of Rs.1,95,374/- was fixed. Allegedly, a memorandum was issued asking him to pay the said amount but he failed and/or neglected to do so.

4. A suit was filed by the respondent No.1 for permanent injunction restraining the appellant from demolishing the said property. In the plaint of the said suit, it was, inter alia, averred that there was no excess covered area in terms of the sanctioned plan and if there be any, the plaintiff was ready to pay the compounding fee. The contention of the plaintiff in this behalf was that only an area of 14 sq. ft. was in excess of the legally sanctioned plan. The Civil Judge (Senior Division), Ludhiana, on an application filed by the first respondent passed an interim order on 26.3.2001, directing : "This court doth orders and restrained you till 29.3.2001 from demolition of the property of the plaintiff as far as it is in consonance with the sanctioned construction do not demolish."

5. It is now not in dispute that the original owner of the said property Hira Devi died in the year 1999.

On or about 14.12.2001, a notice purported to be under Section 269 and 270 of the Punjab Civil Municipal Corporation Act was issued in the name of the first respondent, the operative portion whereof reads as under:

"I, K.S. Bhalla, Assistant Town Planner, Municipal Corporation, Ludhiana who has been authorized by the Commissioner, Municipal Corporation Ludhiana vide his order 664/DRG/C dated 2.1.2000 to exercise the powers under Section 269 and 270 of the Punjab Municipal Corporation Act, 1976, issue you this notice under Section 269, 270 of the Punjab Act, 1976 to demolish the unauthorized construction within three days from the receipt of this notice. If you failed to demolish the unauthorized construction within the stipulated period, then the Municipal Corporation, Ludhiana will demolish the same at its own level and the expenses will be recovered from you."

The subject matter of the said notice was stated to be :

"Show Cause Notice under Section 269(1) and 270(i) of the Municipal Corporation Act, 1976."

6. In the said notice, averments were made with regard to issuance of the earlier notices as also the assessment of compounding fee on a purported oral request made by him. On the premise that no cause was shown, a demolition order was issued on 21.12.2001.

7. An appeal preferred against the said order dated 14.12.2001 in the Court of District Judge, Ludhiana was allowed holding that although the first two notices dated 10.01.2001 and 01.02.2001 had not been served but in the meanwhile th