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Showing contexts for: Building deviation in Rajatha Enterprises vs S.K. Sharma & Ors on 3 February, 1989Matching Fragments
3. 11. 1987, failing which the Corporation threatened to demolish the three upper floors of the building at the cost of the appellant. The appellant was also directed to provide space for car parking. In the light of the orders of the Commissioner, this Court left open the questions raised by the appellant in the special leave petition and disposed of the same with freedom to it to file a writ petition or interlocutory application in the High Court to question the correctness of the order of the Commissioner. The appellant accordingly approached the High Court by filing IA No. XIII in the disposed of Writ Petition No. 15996 of 198 1. That petition was disposed of by the High Court by its impugned order dated 25.3. 1988. The High Court accepted some of the contentions of the appellant and re- jected certain other contentions. The High Court set aside the Commissioner's order requiring the appellant to demolish the 4th floor of the building. The High Court also set aside the order of the Commissioner to demolish the 5th floor of the appellant's building but the Commissioner was given liberty to take action for compounding the deviation indi- cated by the Court. Until the deviation was so compounded, the appellant was restrained from occupying the 5th floor of the building. The Commissioner's order directing the appel- lant to demolish the 6th floor was, however, confirmed by the High Court and it held that the Corporation should proceed to demolish the 6th floor and recover the cost of demolition from the appellant if the appellant failed to demolish that floor as directed by the Commissioner. The appellant was further directed to reserve the basement floor of the building exclusively for car parking. Aggrieved by the order of the High Court authorising and directing the demolition of the 6th floor, the appellant has approached this Court by special leave in the present pro- ceedings under Article 136 of the Constitution. The Ist respondent in this appeal, S.K. Sharma who was the petition- er before the High Court, has sought leave of this Court in Special Leave Petition (Civil) No. 5562 of 1988 to challenge the order of the High Court dated 25.3.1988 insofar as it has set aside the order of the Commissioner ordering the demolition of the 4th and 5th floors of the building and given liberty to the Commis- sioner to compound the deviation in respect of the 5th floor.