IN THE HIGH COURT OF TRIPURA
Mr. R. Dutta, Mr. K.K. Pal, JJ
Anil Chandra Som – Appellant
Versus
Udaipur Municipal Council – Respondent
1. Heard Mr. R. Dutta, learned counsel appearing for the petitioner as well as Mr. K.K. Pal, learned counsel appearing for the respondents.
2. By means of this writ petition, the petitioner has challenged the notice dated 20.01.2014 (Annexure - 5 to this writ petition) whereby the petitioner has been directed to demolish the unauthorized construction within 7(seven) days from the date of receipt of this notice”. The notice was issued on the report that the petitioner violated the provisions of R.5 of the Tripura Building Rules , 2004 by not obtaining formal approval from the Udaipur Nagar Panchayat.
3. The petitioner's case in short is that on 17.03.2004 the petitioner made an application(Annexure - 1 to this writ petition) for sanction of the building plan in terms of S.123 of the Tripura Municipal Act , 1994. Though the said application for sanction of the building plan was received on 17.03.2004, the Municipal authority did neither refuse nor accord the sanction of the building plan. Thereafter, the petitioner having waited for the sixty days had started construction of the building as per the said plan as was submitted with the said application dated 17.03.2004.
4. Mr. R. Dutta,
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