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Himachal Pradesh High Court

Ramesh Chander Sehgal vs Municipal Corporation Shimla And ... on 16 July, 2015

Bench: Rajiv Sharma, Sureshwar Thakur

                 IN THE HIGH COURT OF HIMACHAL PRADESH,
                               SHIMLA.
                                                                       CWP No. 7763/2014
                                                                     Decided on: 16.7.2015
                 ___________________________________________________




                                                                                      .
                  Ramesh Chander Sehgal.                     ...Petitioner.





                                 Versus
                  Municipal Corporation Shimla and others. ...Respondents.
               ______________________________________________________________





               Coram:

               Hon'ble Mr. Justice Rajiv Sharma, Judge.




                                                          of
               Hon'ble Mr. Justice Sureshwar Thakur, Judge.

               Whether approved for reporting? 1 No

               For the Petitioner:
                              rt                  Mr. Lovneesh Kanwar, Advocate.

               For the Respondents:               Mr. Hamender Chandel, Advocate for
                                                  respondent. No.1.

                                                  Mr. Ramakant               Sharma,     Advocate        for
                                                  respondent No.2.

               ____________________________________________________________



               Justice Rajiv Sharma, Judge (oral):

Mr. Lovneesh Kanwar, learned counsel for the petitioner, has drawn the attention of the Court to page 23 of the paper book. Respondent No.2 was directed to get the demarcation from revenue authorities of rural and urban areas immediately in the presence of Municipal Authorities and also to remove the unauthorized fencing done by him from Municipal path/road within 15 days.

Whether reporters of the local papers may be allowed to see the judgment?

2. Mr. Hamender Chandel, learned counsel for respondent No.1 submits that encroachment has been removed. It is not clear whether the encroachment has been .

removed after the demarcation report or otherwise. Mr. Hamender Chandel also submits that petitioner himself has raised unauthorized construction without the approval from the Municipal Corporation. Petitioner should have of approached the Court with clean hands. He himself has raised unauthorized construction. The writ jurisdiction is discretionary. However, in the interest of justice, the rt Municipal Corporation is directed to do the needful by removing encroachment including fencing raised by respondent No.2 unauthorizedly within 72 hours. The action shall also be taken against the petitioner in accordance with law for raising unauthorized construction including fencing on septic tank within a period of two weeks.

3. In view of above directions, the present petition is disposed of, so also the pending application(s), if any.

(Justice Rajiv Sharma), Judge.

(Justice Sureshwar Thakur), Judge.

16.7.2015 *awasthi* ::: Downloaded on - 15/04/2017 18:36:09 :::HCHP