Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3205 of 2018 Appellant :- Ramesh Kumar Respondent :- Suyeb Akhtar And 2 Others Counsel for Appellant :- Umesh Chandra Prajapati
Hon'ble Ashok Kumar,J.
Heard learned counsel for the appellant.
The submission of the learned counsel for the appellant is that though the certificate duly issued by an architect one Sri Saurabh Srivastava was produced before the Tribunal supporting the claim of the appellant that the house of the appellant was damaged due to accident and the architect Sri Saurabh Srivastava while issuing the certificate certified that the house of the appellant situated at Jhansi was inspected by him on 24.9.2015 and he has seen there that some part of the building was totally damaged whereas some of it was partially damaged. After due investigation and site visit the said architect has strongly recommended for dis-mental of the remaining part of the building and for reconstruction of the building as a whole. The said recommendation was given by the architect on account of the fact that remaining structure, which exist after the accident was found very week as per building guidelines. The architect has also estimated and valued the estimate of the dis-mental and reconstruction of the residential building of the appellant.
I have seen the certificate issued by the architect Saurabh Srivastava which contains several relevant papers including the map which has been prepared by the said architect. Prima facie from the naked eyes one can see that Sri Saurabh Srivastava is a qualified architect and the details were well mentioned in the documents which are enclosed along with this petition.
Learned counsel for the appellant has submitted that the report of the architect was placed before the Tribunal but the Tribunal has proceeded to pass the impugned order ignoring the same and by mentioning that the status of the architect was not clear and further that no proper evidence has been adduced by the appellant.
Having heard learned counsel for the appellant and after consideration of the finding recorded by the Tribunal, I have no hesitation to say that the Tribunal has not examined the issue properly as such recorded the finding by ignoring the relevant evidence which supports the claim of the appellant.
Let the Tribunal reexamine the issue afresh in view of the documents which are placed by the appellant in support of his claim with respect of damage of house and building.
The appellant is hereby directed to produce the certified copy of this order within two weeks from today along with complete set of report of the architect including annexures which are placed along with this appeal.
The appeal is accordingly disposed of.
Order Date :- 31.7.2018 S.S.