Himachal Pradesh High Court passed demolition order for an unauthorized structure near A.G. office, instructing the M.C. Shimla to take action within the four week days of its order against the petitioner. Passing 58 paged judgment Single judge bench of High Court comprising Justice Rajiv Sharma dismissed writ petition filled by proprietor of Gulmarg Hotel before this court. “In view of the observations and analysis court does not find any merit in the petition”, The court said in the verdict.
Justifying construction of building near heritage zone and restricted area, the petitioner contended before the court that they got deemed permission as MC could not award permission for construction within the stipulated period and also failed to issue notices to the petitioner to stop the construction.
The MC considered the construction unauthorized alleging that matter had been forwarded to the Town and Country Planning Department, having power to allow the permission in the restricted areas after seeking permission from the state government. MC had earlier raised objections over the plan submitted before it by the petitioners. Despite the fact that matter was pending before the MC Shimla and TCP, the petitioners raised the alleged construction.
After hearing the parties, Court decided to dismiss the petitions directing the MC Shimla and TCP to initiate action against the petitioners strictly as per the provisions of the HP MC Act, 1994 and HP TCP Act, 1977 including demolition of unauthorized construction within a period of four weeks from 5th November.