PRADEEP NANDRAJOG, SUNIL GAUR
UOI – Appellant
Versus
Jor Bagh Asscn. Regd. – Respondent
PRADEEP NANDRAJOG, J.
1. LPA No.415/2005 lays a challenge to the judgment and order dated 9.7.2004 pronounced by a learned Single Judge of this Court allowing WP(C) No.1458/1984, in which writ petition, of the 4 prayers made, only first 3 were pressed during arguments and in respect whereof 3 reliefs were granted. The 3 prayers which were pressed read as under:-
“(a) Grant a writ, direction or order in the nature of prohibition restraining the respondents from recovering/levying damages on the properties of the petitioners without any authority of law;
(b) Grant a writ of mandamus directing the respondents to disclose the principle/basis on which such damages are levied.
(c) To declare the respondents cannot impose penalty under the garb of regularization charges.”
2. The 3 directions issued by the learned Single Judge read as under:-
“(i) The alleged unauthorized construction in respect of the lease-hold property belonging to the petitioner No.17 cannot now be demolished;
(ii) The lease in respect of the petitioner No.17’s lease-hold property does not provide for the imposition of any damages by L&DO for temporary regularization of the alleged unauthorized construction.
(ii
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