Hon'ble Jaspreet Singh,J.
Heard the petitioner in person, Shri Anant Singh learned counsel for the respondent no.1, Shri Virendra Singh learned counsel for the respondents no.2 and 3 and Shri Bal Keshwar Srivastava for the respondent no.4.
By means of this writ petition, the petitioner prays for issuance of a writ, order or direction in the nature of mandamus directing the respondents no.1, 2 and 3 to demolish the illegal construction raised in the house of the respondent no.4 and further to reconstruct the partition well between the petitioner and the respondent no.4 houses, galleries, because present boundary wall is wrong and incorrect by the respondent no.4.
As per counter-affidavit filed by the respondent no.2, the total plot area of the respondent no.4 is 188.4 sq.mtr. which is about 2027 sq. ft. In compliance to the order passed by this Court, the Commissioner alongwith his team visited the premises in question on 10.07.2019 and thereafter they marked certain structure to be compoundable and some structure as non compoundable in the compounding map on 11.07.2019. In the said compounding map, the portion which is compoundable has been shown in yellow colour whereas the portion which has been shown in red colour is non compoundable. It is also stated that the function of the Housing Board, amongst other, is to check the construction raised by its allottee/occupants only as per the sanction plan. Any deviation from the plant is strictly dealt with by the Parishad. Thereafter the opposite party no.4 has submitted his compounding map and the Parishad has already indicated about the compounding and non-compounding structure. In case the respondent no.4 fails to clear/demolish the non compounding structure and pay the charges for the compounding structure, appropriate action will be taken by the Parishad.
On due consideration of the aforesaid, we are of the view that the matter being taken up by the Parishad and, therefore, at this stage we are not inclined to pass any order of direction to demolish the premises which is non compoundable. It is expected that the appropriate authority i.e. the Parishad will take appropriate decision in accordance with law as stated by them in its affidavit.
With the aforesaid, the writ petition is disposed of.
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(Jaspreet Singh, J) (Pankaj Kumar Jaiswal, J) Order Date :- 29.8.2019 ank