JUDGMENT

Sandeep Moudgil, J.

CRM-M-1968 and 1973-2023

Allowed as prayed for. Documents (Annexure P10 to P14) are taken on record subject to all just exceptions.

CRM stands disposed of.

Main case

2. The petitioner, inter alia, seeks quashing of the complaint No.70 dated 04.10.2018 under Sections 195A and 228 of the PUNJAB MUNICIPAL ACT , 1911 (Annexure P6) and the impugned order dated 02.03.2019 (Annexure P9) vide which charges under Sections 195A and 228 of the PUNJAB MUNICIPAL ACT , 1911 have been framed.

3. Learned counsel for the petitioner submits that the petitioner had purchased a constructed residential house in 2009 from Puran Singh vide registered sale deed dated 18.03.2009 and is residing there since then. At that time, the said area fell within the Gram Panchayat of Nayagaon and as such no approval/sanction was needed from the Panchayat. However, on 04.10.2018, respondent No.2- Municipal Council, Nayagaon filed a private complaint (Annexure P6) alleging the petitioner to have constructed the said house without approving the site plan.

4. Learned counsel for the petitioner contended that the private complaint has been filed without proper authorization letter and if at all there was any authorization, the same could be invoked only under Section 128 of the 1911 Act which deals with removal of latrines etc. near any source of water supply. In fact, the complaint itself is not maintainable as private complaint can only be filed under Section 199 , 299 of the 1911 Act.

5. Further, it is contended that the petitioner had purchased the constructed house in the year 2009 from Puran Singh which was already an old house and constructed long time back and at that time, the house fell within the limits of village Nayagaon and as such, no site plan was required. The Municipal Council, Nayagaon was notified much later after the construction of the house in question.

6. It is further the case of the petitioner that the action of the respondents is violative of the principle of natural justice as no notice in writing for demolition of unauthorized construction was given to the petitioner. It is well settled that if the owner of a building raises construction without sanction from the authority, notice of demolition is to be issued within 6 months of the date of construction and in the present case, the said period of 6 months has already expired as per the requirement of Section 195A(1) of the 1911 Act which deals with staying the construction of a building and to stop its construction.

7. Learned counsel has placed on notice dated 14.03.2017 (Annexure P14) which was furnished to the petitioner through RTI. He contends that the said notice was never served upon the petitioner Lakshmi Chand as the signature of receiving the said notice has been done in English whereas petitioner always does his signature in Hindi. It shows that the said signature in English were never done by the petitioner and as such the same is forged.

8. Notice of motion in this case was issued on 30.08.2019 and further proceedings were ordered to be stayed by this Court. Pursuant thereto, the respondent No.2&3 have filed their reply, which is taken on record.

9. Learned counsel for respondent No.2 - Municipal Council, Nayagaon has filed reply dated 15.09.2022 wherein it has been averred that undoubtedly the constructed house was purchased on 18.03.2009 against sale consideration of Rs.9,75,000/-. On bare perusal of the sale deed reflects that under the head 'Description of Value of the Property', no information has been provided regarding floor which clearly suggests that at the time of execution