Dismissed

Santosh Kumar etc. v. Sub Divisional Magistrate

Punjab & Haryana HC23 Feb 2012CWP/3441/2012

Case brief

AI extract

What is this about?

High Court held that an order for demolition under Section 5B of the Public Premises (Eviction of Unauthorized Occupants) Act is appealable under Section 9. It set aside an order dismissing an appeal and directed the lower court to redecide the matter.

What did the court decide?

Set aside the order dismissing the appeal (Annexure-P 9A) and directed the Additional District Judge to decide the appeal according to law.

Santosh Kumar etc. Vs Sub Divisional… — Public Procurement and Tenders | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of decision: 23.2.2012 CWP No. 3441 of 2012

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Santosh Kumar and another

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.....Petitioners

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vs.

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Sub Divisional Magistrate (Central) ...Respondent

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Present: - Ms. Ekta Thakur, Advocate for the petitioners

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CORAM: -HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL

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HEMANT GUPTA, J

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Notice of motion.

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Mr. Aman Sharma, Advocate present in Court accepts notice.

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Since the issue is short and purely legal, we have heard learned counsel for the parties.

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Challenge in the present writ petition is to an order dated 31.5.2010 passed by Sub Divisional Magistrate, exercising the power of Estate Officer, under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short the 'Act') whereby an order against the petitioners was passed for demolition of the unauthorized construction raised on the public land.

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Petitioners filed an appeal against the said order but the same has been dismissed by the learned Additional District Judge on 5.1.2012

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CWP No. 3441 of 2012

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(Annexure P-9A) on the ground that an appeal against the order passed under Section 5A(2) of the Act is not maintainable.

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We find that the order passed by the learned Additional District Judge is not sustainable. Section 5(A) of the Act contemplates that the building violations can be got removed by the Competent Authority after issuing a show cause notice. Section 5B of the Act empowers the competent authority to pass an order of demolition of unauthorized construction. It is under the said Section i.e. Section 5B of the Act, the order dated 31.5.2010 has been passed by the Sub Divisional Magistrate, exercising the power of Estate Officer. It is the said order which is appealable under Section 9 of the Act. Mere fact that the Estate Officer has mentioned that the order is passed under Section 5A of the Act, will not make the order under Section 5A as the order passed relates to Section 5B of the Act. An enforceable order is contemplated as under Section 5B of the Act.

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In view of the said fact, the order passed by the learned Additional District Judge, Chandigarh (Annexure-P 9A) is set aside. The learned Additional District Judge is directed to decide the appeal according to law.

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Parties are directed to appear before the learned Additional District Judge on 5.3.2012.

Disposed of.

(HEMANT GUPTA) JUDGE

(A.N.JINDAL)

CWP No. 3441 of 2012

JUDGE 23.2.2012 preeti

Santosh Kumar etc. v. Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

Santosh Kumar etc. v. Sub Divisional Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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