Municipal corporation Shimla yesterday ordered to demolish the Lalpani Cricket Academy construction within seven days after finding the construction illegal under MC bylaws.
The court of commissioner MC Shimla, Amarjeet Singh passed this order on Wednesday asking the HPCA who runs Lalpani Cricket Academy at the outskirts of the capital town, to demolish the unauthorized structure built by the HPCA without approval of MC.
The cricket body has to demolish the structure within seven days of passing this order as the construction was found without the approval of MC, failing to which MC would demolish this structure by its own and cost would be incurred from the cricket body. It has also threatened to withdraw the water and power connections in the construction with this order.
On December 28, Himachal Pradesh Cricket Association had filled a reply to Municipality Shimla’s notice alleging that matter of Lalpani Cricket Academy is sub judice as it was being heard by the Himachal high court.
Meanwhile, the MC court held that it had given a no objection certificate to handover the lease of a ground and piece of land to cricket body but it did not have any permission to raise structure on this land. Therefore, it had nothing to do with the property.
The reply submitted by vice president of HPCA, Surinder Thakur before Municipal Commissioner Shimla, Amarjeet Singh on December 28, said that the matter regarding properties of the cricket academy Shimla is sub judice before the Honorable High Court of Himachal Pradesh in Civil Writ Petition in the case HPCA and others versus state of HP and others.
He said that since the matter regarding status of land and building of cricket academy, Lalpani , Shimla is pending for decision before the court being subject matter of dispute therefore, judicial proprietary demands that no parallel proceedings in the same subject matter should continue till the matter is finally adjudicated upon the high court.
HPCA has given this reply to showcase notice of October 8, 2013 under section 253 and 242 of HPMC Act, 1994.
Earlier a show cause notice was issued to HPCA seeking its reply that unauthorized construction carried out at Lalpani, Shimla stating that why it could not be ordered to be demolished in compliance to the provisions of aforesaid act.
It also said that within the limits of municipal corporation, a large number of cases of unauthorized constructions are pending for decision before the commissioner for the last so many years.
Targeting Himachal Pradesh Virbhadra Singh government, HPCA had stated in the reply that action of MC was politically motivated and proceedings for demolition of temporary structures have been initiated even when the matter is sub judice before the Honorable High Court of Himachal Pradesh.
Cricket body which had made an international cricket stadium with the amount of Rs. 55 crore alleged that attempts are being made to complete the proceedings in haste manner without giving reasonable opportunity of being heard to the applicant.