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5. Defendant no.4 filed reply denying averments made in the application and further submitted that alleged certificates of incorporation allegedly issued by Registrar of Companies of Rajasthan, Jaipur and Registrar of Companies, Punjab, Chandigarh are false and fictitious and are procured documents. It is 12 of 33 CIVIL REVISION-7274-2018 (O&M) -13- CIVIL REVISION-7318-2018 (O&M) submitted that plaintiff no.1 has applied for licence for running and operating Cinema at AGM Malls, Gurdaspur to the District Magistrate, Gurdaspur. It is further submitted that plaintiffs had submitted alleged deeds with answering defendant, but legality, validity and genuineness of these documents is denied. Sh. Paramhans Nath alleged vendor had already died before execution of alleged sale deeds. Thus, alleged sale deeds are also invalid and illegal documents. The building of Multiplex and AGM Malls in dispute has been constructed against and in violation of Municipal bye-laws pertaining to construction of buildings. Not only this, existing construction of building of multi storied/multiplex AGM Malls is not according to the site plan sanctioned by the answering defendants. Lots of addition, alteration and improvements have been made without any intimation and approval of Municipal Council, Gurdaspur. Enormous and reckless deviations from sanctioned site plan in constructing the multi-storied Mall building by the plaintiffs have been noticed by the answering defendant. The illegal and unauthorized construction of AGM Mall cannot be allowed to exist according to the provisions of law. The plaintiffs have no right to subvert the Municipal Laws at their convenience and raise illegal and unauthorized structure of multi storied building of Mall. The violations of sanctioned plan are deliberate and motivated. The plaintiffs are bound to demolish unauthorized construction forthwith as it is against bye-laws of Municipal Council. The notice to plaintiffs to remove the unauthorized structure of Malls has 13 of 33 CIVIL REVISION-7274-2018 (O&M) -14- CIVIL REVISION-7318-2018 (O&M) already been issued by Municipal Council as the construction of Mall is against public interest as well as against public safety. There is a seating capacity of 650 in the cinema and the Mall is otherwise public place. In case of any unforeseen, unfortunate events, mishap like bomb blast or terrorist activity in the building in dispute or in case of any natural calamity such like earthquake or floods etc., there is no adequate setback area left on both the sides of AGM Malls Private Limited nor there is adequate front line area for the free ingress and outgress of security vehicles and fire tenders as required under the Municipal Building bye-laws regarding construction of Multiplex buildings, Gurdaspur District in otherwise terrorist affected and cinemas and Mall are always the soft targets. The existing dimensions of the boundaries of the site of AGM Malls, its shape and structure of building block do not match with the sanctioned site plan. The total area of the site of AGM Malls according to sanctioned site plan is 44921.25 Sq. feet, whereas at the spot, the total area of AGM Malls site is 45394.75 Sq. feet, which is 473.49 Sq.feet in excess of the area mentioned in the sanctioned site plan/completion plan. The existing area of front set back at spot is 6475.73 Sq. feet (14.26%) whereas according to the multiplex bye- laws minimum front set back are should be (25%)). In this manner, there is a clear violation of clause 3.15(B) of Municipal Building bye-laws, which is non compoundable whereas the set back area on the back side of the building structure is required to be 14 of 33 CIVIL REVISION-7274-2018 (O&M) -15- CIVIL REVISION-7318-2018 (O&M) 30 feet according to bye-laws, but there exists only set back area to the extent of 33 feet 33 inch and 25 feet 11 inch on back side of the structure of building of AGM Malls. This violations of backyard set back area is again non compoundable. Not only this, the sanctioned height of the building of AGM Malls is 68'9" whereas the plaintiffs have at the spot extended the height of the Malls upto 93 feet 6 inch. According to 93 feet 6 inch height of the Mall, plaintiffs are required to leave setback of 9 meters (30 feet). On the basis of Principle as the height of building increases setback area also increases proportionality according to the height. On both the sides of AGM Malls, there are structures shown are liable to be removed. But, at the spot, the above said existing structures are still standing on both the sides of building structure of AGM Malls. Whereas according to municipal bye-laws, minimum setback area on both the sides of building is required to be 30 feet. As per the sanctioned site plan and area statement, the Green area of 4567.25 Sq. feet (10%) has been shown, whereas at the spot no green area is existing building, which were existing on both the sides of structure of AGM Mall are still existing at the spot and have not been demolished so far. Thus, in the presence of these buildings on the sides of Mall, there is no green area, as per requirement under the building bye-laws. There is required to be 10% green area left. Moreover, in the context of construction of Multiplex, the construction of double level basement is compulsory for parking and the entire area of 15 of 33 CIVIL REVISION-7274-2018 (O&M) -16- CIVIL REVISION-7318-2018 (O&M) basement is to be used for parking purposes only except the area used for air conditioning plants and lift room, which is no case is to exceed 10% of the area. This is mandatory and non compliance of it, is non compoundable. Whereas in this case of AGM Mall, the area covered under air conditioning plant lift room is more than 20% of the area and this violation is again against building building bye-laws and the same is non compoundable. The building of AGM Mall is located at Hanuman Mandir Chowk, which is the hub of commercial activity of Gurdaspur city. On its one side, there is a Gurdaspur-Mukerian road while on all its three sides, there is thickly populated residential area. The construction of Multiplex and AGM Malls is as such against Municipal building byelaws as well as against public interest. It is a threat to public and is also likely to endanger public safety. Since the building of multiplex of AGM Malls, Gurdaspur is constructed in utter violation of municipal council bye-laws, so, keeping in view the public safety and public interest, an enquiry was initiated by the Secretary, Local Bodies, Punjab and meanwhile alleged no due certificate which was issued on 03.5.2017 merely on the ground of no arrears by defendant no.4 was cancelled on 10.5.2017 by answering defendant subject to the outcome and result of pending enquiry. Since the answering defendant was not a competent authority to issue completion certificate to plaintiff no.2. The building site plan of AGM Malls was simply forwarded by answering defendant to the Director Town 16 of 33 CIVIL REVISION-7274-2018 (O&M) -17- CIVIL REVISION-7318-2018 (O&M) Planning, Chandigarh for further proceedings and necessary action for grant of completion certificate to plaintiff no.2 in accordance with law. The environment clearance certificate thereafter was also forwarded to DTP, Punjab, Chandigarh by the answering defendant on 24.11.2016 as desired by the concerned department. Notice bearing No. 2510 dated 09.8.2017 was served to plaintiffs by M.C. Gurdaspur pointing out violation in construction of AGM Malls. It is submitted that plaintiff no.2 had submitted application along-with site plan for construction of building of AGM Malls to answering defendant for the purpose of sanction of site plan. Plaintiff no.2 had submitted an application for change of land uses with respect to 2 kanals and 14 marlas, which was granted by Director, Town Panning vide letter dated 16.4.2014. It was subject to certain conditions which were mentioned in the letter. Plaintiffs have failed to follow conditions and constructed the Multiplex building in blatant violations of sanctioned building plan. It is further submitted that alleged sub-lease was filed by plaintiff no.1 in the office of answering defendant, but its execution genuineness and validity is denied. Plaintiff no.1 got the licence issued by misrepresentation and fraud. No NOC was issued to the plaintiff no.1 by answering defendant. The alleged NOC is a forged document. The licence issued in favour of plaintiff no.1 has already been ordered to be suspended by the Licensing authority. Answering defendant has not issued any NOC regarding building of AGM Malls to 17 of 33 CIVIL REVISION-7274-2018 (O&M) -18- CIVIL REVISION-7318-2018 (O&M) Electricity Department, Punjab. Plaintiffs got issued the licence in favour of plaintiff no.1 by misrepresentation and fraud and by of misleading the Licensing authority. Plaintiff no.1 placed before Licensing authority a forged NOC alleged to have been issued by Sh. Jagtar Singh, Executive Officer, M.C, Gurdaspur in favour of plaintiffs vide letter no.1543 dated 08.6.2017. When this fact came to the notice of answering defendant, municipal record was verified. There was neither any diary number nor dispatch number on the alleged letter forwarding alleged NOC to the worthy Deputy Commission, Gurdaspur. The above mentioned Executive Officer was also contacted and he also denied signing, executing the alleged NOC and also forwarding of alleged NOC to Licensing authority. The matter was brought to the notice of defendant no.2 and defendant no.2 had ordered the suspension of licence and also ordered enquiry regarding issuance of alleged forged NOC. The order of suspension of licene is legal and valid. The enquiry is still pending. It is further submitted that letters written by defendants no.1 to 5 to plaintiffs are legal and valid and the proceedings taken thereon are also legal and according to the provisions of law. The building of AGM Malls is illegal and it has been constructed against sanctioned plan of M.C., Gurdaspur and same is liable to be demolished. Answering defendant has already issued legal notice to plaintiff under Municipal Act to remove illegal construction, failing which, Municipal Council shall take action regarding 18 of 33 CIVIL REVISION-7274-2018 (O&M) -19- CIVIL REVISION-7318-2018 (O&M) demolition of illegal building of plaintiffs according to provisions of law. It is prayed that application may kindly be dismissed.