HIMUDA policy lacking prudence: Himachal high court



Shimla (Sept 15): Himachal Pradesh High Court has scolded Himachal Pradesh Urban Devalopment Authority (HIMUDA), stating that its officials failed to apply their mind and its policies lack preudence in terms of its fiscal management.

The court made these comments while hearing an appeal by Kirti Devi, wife of Harbhajan Bhajji, and Sunil Kumar against orders dated 22.12.10 by a single bench of the high court quashing the acceptance of their bids by HIMUDA in respect of a partly built cafeteria at SDA Complex, Kasumpti.

It directed HIMUDA not to grant lease in respect of any purpose other than the industrial and residential purpose before undertaking an immediate exercise as to
consideration on the need, relevance and scope of revising the regulations and making different periods of lease in terms of purposes, for which the property is leased out.

The division bench observed that HIMUDA or the regulation making authority apparently did not apply mind as to the need for fixing different periods of lease at least in respect of commercial buildings after it was informed to the court that there was only one mode of allotment and transfer of residential buildings, commercial buildings, commercial plots and industrial plots, which is by way of lease.

Regulation 17 provides for a lease for a period of 99 years, irrespective of whether it is a commercial building or commercial plot or industrial plot or residential plot and the lease was renewable only after 99 years. The court said that the policy
lacks prudence in terms of its fiscal management.

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