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AJAY MOHAN GOEL
Ghanshyam Misra – Appellant
Versus
Municipal Corporation, Shimla – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has primarily prayed for the following reliefs:-
b). That a declaration may kindly be issued to the effect that the entire proceedings and impugned orders suffer from inherent lack of jurisdiction and are a nullity and void ab-initio and deserve to be quashed and the entire proceedings are vitiated as they are tainted by malafides and same may be quashed.
c). That a writ of mandamus may kindly be issued to respondent No. 1 directing him not to demolish the construction which has been carried out by the petitioner in accordance with the sanctioned plan and not to interfere with the construction activity in any manner whatsoever.
d). That a writ of mandamus may kindly be issued to t
The main legal point established in the judgment is that the deletion of a statutory provision obliterates it from the statute-book, and the permissions granted were to remain in force for perpetuity....
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
The judgment establishes the principle that unauthorised constructions cannot be regularized under the amended provisions of the Acts. It emphasizes the need to prevent illegal and unauthorized const....
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
Unauthorized construction cannot be regularized as a minor deviation under the Howrah Municipal Corporation Act, and must be demolished if not sanctioned.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
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