1. Granted.
2. Granted subject to alt just exceptions.
It has been contended by the learned counsel for the petitioner that the KBCA had approved the plan of the petitioner for ground plus three. After completion the petitioner approached the KBCA with the request to approve the plan for 4th floor. The KBCA on 21.6.2005 approved the plan for 4th floor after the petitioner has complied with the requisite formalities. It is submitted that at the time when the approval for 4th floor was sought requisite documents of structural design and other details were fully furnished to KBCA by the petitioner. However, on 22.3.2006 when the construction on the 4th floor was going on, the KBCA officials visited the site and-sealed the premises without any prior notice of sealing., The learned counsel further submitted that on 29.3.2006 the petitioner received a letter from KBCA _by which the approval of 4th floor was withdrawn. He submits that before receipt of the letter the petitioner was neither served 'with any show-cause notice nor was heard and impugned action of sealing besides the withdrawal of approval of 4th floor by the KBCA was without lawful authority.
The learned counsel undertakes to file further documents as the present petition has been filed in haste due to element of urgency. The petitioner may file all such document, which are relevant for the purpose of adjudication of the proceedings before the next date. In the meantime, issue notice to the respondent for 7.4.2006. Till then the respondent is restrained from taking any demolish action against the petitioner's construction on the 4th floor. At the same time the petitioner shall not raise any further construction on the 4th floor.
Nazir in appointed Commissioner to visit the site with the petitioner and report the stage of construction bn the 4th floor within three days from the date of receipt of order. Nazir shall also issue notice to the KBCA and an officer of KBCA shall be present during the proposed inspection. Nazir's fee fixed at Rs.
4,000/- which shall be paid by the petitioner directly to him. .