Punjab-Haryana High Court
Ram Narain Tyagi vs State Of Haryana And Another on 3 July, 2014
Author: Paramjeet Singh
Bench: Paramjeet Singh
CWP No. 7739 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 7739 of 2014
Date of Decision: July 03, 2014
Ram Narain Tyagi
... Petitioner
Versus
State of Haryana and another
... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Mr. Ashok Tyagi, Advocate,
for the petitioner.
Paramjeet Singh, J. (Oral)
Instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for directing the respondents to allow the petitioner to carry out the renovation/repair of residential house No. 78, Gali No. 8, West Rajiv Nagar, Gurgaon.
I have heard learned counsel for the petitioner.
Learned counsel for the petitioner contends that petitioner has submitted representation dated 12.07.2012 (Annexure P/6) to the Commissioner, Municipal Corporation, Gurgaon for seeking permission to Kumar Virender 2014.07.04 17:56 I attest to the accuracy and integrity of this document CWP No. 7739 of 2014 2 repair the residential house No. 78, Gali No.8, West Rajiv Nagar, Gurgaon, but no permission has been granted to the petitioner. Learned counsel further contends that direction may be issued to the respondents to permit the petitioner to repair/renovate the said residential house.
I have considered the contentions raised by learned counsel for the petitioners.
Perusal of photographs (Annexure P/5) shows that said house is in dilapidated condition and building appears to be unfit for human habitation and does not appear that repair can be carried out, rather it may need reconstruction. Respondent no.2 shall ascertain the condition of building and if he is satisfied that building is unsafe, he will proceed under Section 284 of the Haryana Municipal Corporation Act, 1994 or any other relevant provision of law.
In view of above, instant writ petition is dismissed. However, the petitioner will be at liberty to approach the concerned authority again for permission to carry out repair or reconstruction, if so advised. The concerned authority shall consider feasibility and permissibility thereof.
July 03, 2014 [Paramjeet Singh]
vkd Judge
Kumar Virender
2014.07.04 17:56
I attest to the accuracy and
integrity of this document