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1998 Supreme(All) 1311

S.H.A.RAZA
RAM NARESH VERMA – Appellant
Versus
STATE OF U P – Respondent


S. H A. RAZA, J.

On 7-3-75 a notice was issued to the petitioner under Section 10 of the U. P. (Regulation of Building Operations) Act, 1958, in which it was averred that the petitioner was carrying on erection of a building consisting of one storeyed house situated at Jail Road Rae Bareli without permission of the Prescribed Authority as is required under Section 6 of the U. P. (Regulation of Build ing Operations) Act, 1958. The petitioner was called upon to show cause on 29-3-75 at the Collectorate Rae Bareli in the office of the Prescribed Authority as to why an order for demolition of the aforesaid construction be not made. A further direction was issued to stop the constructions. His attention was also drawn that he is liable to punishment under Section 9 (1) of the said Act with a fine which may extend to Rs. 10,000 and in the case of continuing of fence, with a further fine which may extend to Rs. 500/- for every day during which such offence continues after conviction for the first commission of the offence.

2. The petitioner filed an objection against the said notice in which he alleged that the map of the site- plan was sanc tioned by the Municipal Board Rae Bareli on 23-












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