follows:-
"Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception ... follows:-
"It is a matter of common knowledge that illegal and unauthorised constructions beyond the sanctioned plans are on rise
order and what it contains. The knowledge of the party affected by such a decision, either actual or constructive is thus an essential element which
Nagar.
It is stated that the constructions had been raised over the property in question within the knowledge of the authority concerned as well
impugned judgment has observed as under:
"According to Amarchand the constructions were made in 1963 immediately after the execution of sale deed ... evidence of the plaintiff shows that the plaintiff acquired the knowledge of the impugned sale deed in the year 1971 and on the basis
compliance of order passed by this Court."
In spite of the knowledge of the afore-quoted order, the respondents are illegally creating obstruction ... construction of the appellant and they are claiming that they would construct a nurses training centre, nurses' hostel and doctors' residence for which
fact but it is a legal principle which may amount to constructive notice of the injunction order dated 23.2.2004 but for constituting willful disobedience ... cannot be held guilty of such disobedience merely on the basis of constructive notice or surmises.
It has been earlier held that order dated 24th
will vacate the godown and in its place, the plaintiff will construct 4 shops and one of these will be let out to the petitioner ... accordance with the agreement between the parties, the plaintiff No. 2 constructed 4 shops and one of the shops was let out to the petitioner
reinspection would clearly reflect that the petitioner was aware and had knowledge from the authorized person that the property in question is to be inspected ... have in mind the fact that service of a notice would include constructive or informal notice. The service of notice under Rule
Sh. Suneel Galgotia And Another vs State Of U.P. Thru Secy. And 3 Others
Pankaj Kumar Gupta vs State Of U.P. on 1 July, 2015
Author: Ravindra Singh
