ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 16-04-2024 The dispute revolves around whether there is any unauthorized construction by the appellant which has to be demolished. Admittedly, the plot of land on which the appellant has constructed a building is a small plot measuring 544 sqft. It is a part of survey Nos. 86 and 87, Municipal Holding No.349, Circle No.249, Tauzi No. 227/15363, Khata No.525, Survey Thana No. 7 situated in Mauza-Dhakanpura. The appellant constructed a residential house on the plot after obtaining required sanction from the PRDA vide Plan Case No. PRN-2- 413/2002 dated 20.06.2002. The third respondent made a complaint before the Vigilance Officer, of encroachment on the public road, pursuant to which a vigilance case was initiated, in which an ex-parte order was also passed.

2. The appellant filed an appeal before the Appellate Tribunal which was rejected. Before the learned Single Judge, the appellant contended that the construction made was strictly in accordance with the sanctioned map and there was no encroachment. The Municipal Corporation submitted that the order was passed by the Vice Chairman after inspecting the site in question along wi