Himachal Pradesh High Court
Arun Kanti Roy & Ors vs State Of H.P & Ors on 9 October, 2018
Bench: Sanjay Karol, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2435 of 2018.
Date of Decision: 9th October, 2018 .
Arun Kanti Roy & ors. .......Petitioners.
Versus State of H.P & ors. ......Respondents. Coram The Hon'ble Mr. Justice Sanjay Karol, Judge. The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge. Whether approved for reporting?1 For the petitioner : Mr. Devinder Kumar, Proxy Counsel.
For the respondents : Mr. Adarsh Sharma, Additional Advocate General, for the respondent No.1.
Mr. Naresh Gupta, Advocate, for respondent r No.2.
Sanjay Karol, Judge (oral).
Petitioners, by the medium of this petition, has mainly prayed for the following reliefs :
" i) That the notice dated 3.8.2017 (Annexure P-2) issued by respondent No.2 may kindly be quashed and set aside as the same is a result of malafide exercise of official power/position of respondent No.2 to provide undue and illegal help to respondent No.5 (builder/contractor) specially when the issue of condition of the building is subjudice before various courts of law.
ii) That appropriate directions may kindly be issued to respondent No.2 to cancel and reject the building permission, if any, issued in favour of respondent No.5 which seeks to demolish the residential building Kalyan Lodge, Lakkar Bazar, Shimla and construct a commercial complex which is in violation of mandatory statutory provisions of 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 09/10/2018 22:59:45 :::HCHP 2
Section 12 and 14 (3) ( c ) of the H.P. Urban Rent Control Act as well as the order dated 16.11.2017 passed by the NGT banning all construction .
activities in the Core Area of Shimla Planning Area.
iii) That the respondents particularly respondent No.5 & 6 may kindly be directed to restore the Kalyan Lodge building back to its original position to the full satisfaction of the petitioners.
iv) That respondent No.3 may kindly be made personally responsible to ensure that no demolition or digging etc. is done in and around Kalyan Lodge without prior permission of this Hon'ble Court. r v) That respondents No.5 and 6 may kindly be saddled with exemplary costs of this entire litigation as well as for causing undue suffering, mental agony and hardship to the petitioners for no fault on their part.
2. Learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition, reserving liberty to take recourse to such remedies, including filing fresh petition on subsequent cause of action, which are otherwise available, in accordance with law. Permission granted. Liberty reserved .
3. Petition stands disposed of, so also pending application
(s), if any.
(Sanjay Karol)
Judge
(Chander Bhusan Barowalia)
9th October,, 2018 Judge
(CS)
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