(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This application is preferred by the applicant, who is not a party to the writ petition, challenging the order of the learned Single Judge and for that purpose, leave is asked for to file appeal. In the order impugend, the learned Single Judge has directed the original petitioner to prefer appropriate application to the Designated Authority within 15 days from the date of order and the Designated Authority is directed to consider and decide the said application in accordance with law.
According to the learned counsel for the applicant, construction is illegal and it is not compoundable under the provisions of the Act and therefore, no direction could have been passed by the learned Single Judge in this behalf.
It is required to be noted that the learned Single Judge has clearly stated that the application so preferred by the original petitioner is to be decided in accordance with law, which may include as to whether the said application is legally maintainable or not.
The present applicant is permitted to file appropriate application before the competent Authority pointing out objection and while deciding the application of the respondent herein - original petitioner, the competent Authority shall consider the objection of the present applicant in accordance with law and on merits. In case if the original petitioner
- present respondent No.1 is given personal hearing by the competent Authority, the same benefit shall also be given to the present applicant.
Without expressing any opinion on merits, subject to above direction, present Letters Patent Appeal stands disposed of.
Direct Service is permitted.
(P.B.
Majmudar, J) (Mohinder Pal, J) Anup Top