PARVEEN CHADHA Vs. MUNICIPAL COMMITTEE DHARAMSHALA

JUDGEMENT

(1.) THE respondent in the writ petition has come up in appeal aggrieved by the judgment of the learned single Judge, dated 14.7.2003. THE issue pertains to the notice and proposed action taken by the writ petitioner-Municipal Committee against the alleged unauthorized construction undertaken by the appellant. THE appellant has taken mainly three contentions amongst others - (i) the notice was not issued within the permitted period of six months of completion of the alleged unauthorized construction and hence, no action can be taken in the matter; (ii) the alleged unauthorized construction is made only as per the permission given to the appellant in the lease deeds; and (iii) even assuming that there is unauthorized construction, an opportunity should have been given to the appellant for compounding. It is further submitted that the appellant is willing to pay rent, as duly fixed by the Municipal Committee, without prejudice to the other contentions.

(2.) HEARD the learned counsel appearing for the appellant and also the learned counsel appearing for the Municipal Committee. Having gone through the judgment under appeal, we do not think that any of the legal contentions raised by the appellant need be considered at this stage. In the operative portion of the judgment under appeal, the learned single Judge has given liberty to the appellant to submit the plan and other material of the building constructed by her to the authorities concerned under the provisions of The H.P. Town and Country Planning Act, 1977, The H.P. Municipal Act, 1994 and bye-laws of Municipal Committee for sanction. There is also a direction in the judgment that the Municipal Committee would consider and decide the matter in accordance with law. Therefore, this appeal is disposed of as follows:- The appellant may submit the revised plan and material before the Municipal Committee within a period of one month from today. It will be open to the appellant to point out that the construction is undertaken only as per the lease deeds. There will be a direction to Municipal Committee to first examine as to whether the construction is within the leased premises and as per lease deeds. If it is found that the construction is not in accordance with lease deeds and is unauthorized, then the request of the appellant for compounding shall be examined by the Municipal Committee in accordance with the Act, Rules and bye- laws. Needless also to say that in the event of Municipal Committee/Competent Authority taking decision in favour of the petitioner, it will be open to the Municipal Committee to fix the enhanced rent in accordance with the bye-laws. Needful action, as above, shall be taken by the Municipal Committee within another three months. The interim order passed by this Court will continue till the orders, as above, are passed by the Municipal Committee. In order to avoid multiplicity of proceedings, in case a decision is to be taken by the Government in view of the factual matrix, we also make it clear that till the decision is taken by the Government, the interim order passed by this Court will continue and the direction to take a time bound decision by the Municipal Committee will not apply in such a situation.