Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and Sri Aashish Kumar Agarwal, learned counsel, who has put in appearance on behalf of opposite party no.3. Sri H. P. Srivastava, learned Additional Chief Standing Counsel has appeared on behalf of opposite party nos.1 and 2.
Issuance of notice to opposite party nos.4 and 5 is hereby dispensed with.
Learned counsel for the petitioner has submitted that the petitioner does not claim any rights upon plot no.88, which is a Gaon Sabha land. It is contended that the impugned notice neither bears any municipal number nor does it specify any area which is alleged to have been dug by the petitioner entailing a consequence of penalty proportionate to an amount of Rs.8,00,000/-. It is also submitted that the brick kiln of the petitioner is situated on his recorded land situated outside the municipal limit.
Learned counsel for the municipality i.e. opposite party no.3 has not been able to justify as to which municipal number the impugned notice relates to, however, it is submitted that the plot no.88 is a municipal land and the impugned notice relates to the same.
The issuance of notice as a matter of fact is initiation of a proceeding. The notice issued to a person that too entailing a civil consequence must be specific, clear and definite. The cause giving rise to an action is bound to set out disclosing a clear picture and source of authority.
Apparently we are not satisfied that the impugned notice satisfies the above requirements.
We accordingly set aside the impugned notice with the liberty to the opposite party no.3 to issue a fresh notice after carrying out the necessary survey. The notice based on the survey must specify the identity of land, area and the spot where the illegality indulged into has occasioned the loss. Besides the above, the provision whereunder the action is taken may also be specified in the notice.
Accordingly, with the aforesaid liberty, the impugned notice is set aside and the opposite party is permitted to proceed in accordance with law.
Order Date :- 26.5.2021 Mahesh