IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
APURVA, J
Punjab National Bank – Appellant
Versus
Municipal Corporation, Amritsar – Respondent
| Table of Content |
|---|
| 1. validity of demolition order without notice. (Para 2) |
| 2. need for proper notice and opportunity to be heard. (Para 3 , 4 , 5) |
passed by the learned Additional District Judge, Amritsar, whereby the order dated 22.01.2016 (Annexure P-6) passed by the learned Commissioner, Municipal Corporation, Amritsar, under Section 269 of the Punjab Municipal Corporation Act , 1976 (‘the 1976 Act’), directing demolition of unauthorized constructions; has been set aside at the instance of the Punjab National Bank, which claims to be the mortgagee in possession of the properties in question.
3. Apparently, the demolition order passed by the learned Commissioner, Municipal Corporation, Amritsar, under Section 269 of the 1976 Act, has been set aside by the learned Additional District Judge, Amritsar, vide impugned order dated 20.07.2017 (Annexure P-7), primarily on the ground that before passing the demolition order dated 22.01.2016, no Show Cause Notice had been served upon the mortgagee, i.e. Punjab National Bank.
4. During the course of hearing, learned counsel for the petitioner(s) submits that the authorities would proceed to issue fresh notices to all the concerned parties, in
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.