SUDAMA RAM SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these cases bearing Nos. CWP No. 54 of 2019, CWP No. 654 of 2000, CWP No. 287 of 2001, RSA No. 452 of 2007, RSA No. 459 of 2007 and FAO No. 315 of 2002, were heard together and are being decided simultaneously.

(2.) Seeking various reliefs, all revolving around the sanction of the additional building plan by Municipal Corporation Shimla in favor of 5th respondent, the Petitioner, whose land is adjacent to the property of 5th respondent, has come up before this Court asking for issuance of Mandamus by quashing not only the building plan (Annexure P-9) but also restoration of status quo ante for his demolished railing, and preparation of new field map.

(3.) The petitioner claims to be an owner in possession of land measuring 5 Biswas described in khasra no. 357 (Old 190), situated in Revenue village Bagog, (Near Summerhill), Tehsil and District Shimla, HP. As per the counsel for the petitioner, this land was purchased vide sale deed dated 21 Nov 1986, and the mutation was attested on 24 Nov 1986. The 5th Respondent Sh. Ravinder Parkash and his wife, Smt. Surekha, the 6th Respondent, are the owners in possession of the adjoining land, measuring 1-12 bighas (32 Biswas), described in khasra nos. 353 and 354 (Old 189), in the same revenue village. As per the counsel for the 5th and 6th respondents, they had purchased the land vide sale deed dated 1 July 1987.