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VIKAS BAHL
Suman Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. existence of procedural rules for appeal under punjab municipal act (Para 1 , 2 , 3) |
| 2. arguments regarding errors in the initial order and requests for interim relief (Para 4 , 5 , 6) |
| 3. court orders setting aside previous order and directing appeal process (Para 7) |
| 4. procedural permissions for representation and disposal of applications (Para 8 , 9) |
JUDGMENT
Vikas Bahl, J. (Oral)
This is a Civil Writ Petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing the order dated 27.05.2022 (Annexure P-11) whereby the statutory appeal of the petitioner has been rejected.
2. On 02.06.2022, a Coordinate Bench of this Court was pleased to pass the following order:-
The statutory appeal under the Odisha Municipal Act must be decided by the Municipal Council, as decisions by the Chairperson alone are not valid.
The court emphasized the necessity of proper adjudication and the presence of counter affidavits before vacating a status quo order regarding property demolition.
An order affecting a person's rights is effective only when communicated, starting the limitation period from that date, not the date of the order itself.
The Limitation Act, 1963 stands excluded in respect of an appeal under Section 218(3) of The West Bengal Municipal Act, 1993 against an order of demolition made by the Board of Councillors of a munic....
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