Back
SANDEEP MOUDGIL
Lakshmi Chand – Appellant
Versus
State of Punjab – Respondent
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 t
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
The court determined that unauthorized construction cannot be regularized and emphasized strict compliance with municipal regulations and housing rights, rejecting the claims of the petitioners.
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....
Construction completed prior to six months of a demolition notice is protected under law, affirming the right to seek an injunction against such demolition.
The petitioner has a remedy of appeal and the writ petition is dismissed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
