LAWS(HPH)-2020-4-6

SUREKHA Vs. MUNICIPAL CORPORATION, SHIMLA

Decided On April 27, 2020
SUREKHA Appellant
V/S
Municipal Corporation, Shimla Respondents

JUDGEMENT

(1.) The 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.) Petitioner who is co-owner of the land comprising khasra Nos. 353, 354, NEW (Old Number 189), measuring 1231.37 Sq.Mts. which equals to 33 biswas in village Bhagog, Summerhill, Tehsil and District Shimla, has come up before this Court asking for the following substantial reliefs:

(3.) The 2nd respondent, Director Town and Country Planning, State of Himachal Pradesh, Shimla, filed a reply-affidavit to the writ petition on Nov 1, 2000, in which it was explicitly mentioned in paragraph-6 that they had granted sanction to the 4th respondent Sh. Sudama Ram vide letter dated Jul 3, 1990 on the basis of the documents submitted by him. In paragraph-7 the 2 nd respondent further stated that they had cancelled such sanction vide order dated Jul 08, 1991 in view of order dated Jun 01, 1991 passed by the Assistant Settlement Officer.