(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has impugned the notice, though appealable, on the ground that it was predicated on a factually incorrect plea of there being no planning permission while, in fact, planning permission had been granted.
2. No counter affidavit was filed for the last five years and when the matter was taken up on 5.12.2016, we granted last opportunity to file the counter affidavit by calling upon the learned Special Government Pleader to enter appearance as none was appearing for the respondents. Despite this, the respondents in a callous manner have not still placed the counter affidavit on record nor are any instructions forthcoming to the learned Special Government Pleader.
3. The learned Special Government Pleader took us through the documents to show that the planning permission was granted for farm houses while a college was made to function. This position is disputed by the learned Senior Counsel for the petitioner on instructions, though he admits that it is not being used as farm houses.
4. Further difficulty is the passage of time of five years and thus, it is agreed that a fresh inspection be caused to be made of the property of the petitioner within fifteen days of the receipt of the order to verify whether there are any building or user violations and if it is so, the petitioner will be put to notice of the same in accordance with law to remedy the position, failing which necessary action in accordance with law would be taken by the respondents.
The petition, accordingly, stands disposed of. No costs.