BAL MUKUND KASHYAP Vs. STATE OF H. P.

JUDGEMENT

(1.) The writ petitioner, on affidavit, has averred that, upon, the land owned, and, possessed by him, he, in the year 2009, hence, raised a three storied building, rather on the backside of the earlier constructed ground floor. Earlier to the three storied construction, being raised in the year 2009, by the writ petitioner, the petitioner had raised a ground floor, in the year 1990, and, an electricity connection qua therewith, became purveyed to him, in the year 1997. The newly raised three storied building, in the year 2009, as aforestated became raised, on the backside of the earlier thereto, construction of a ground floor, and, also it is averred that, the area whereons, it becomes raised, rather was not thereat, within the domain(s), of, the Town & Country Planing area, nor, hence any apposite approval(s), from, the competent authority, for, raising construction thereat, was required.

(2.) The respondents in their reply, meted to the writ petition, omitted to firmly contest, the afore averments, as, reared by the writ petitioner in his writ petition, (i) inasmuch as, appertaining to the apposite construction, being raised in the year 2009, and, thereat there being no necessity, under law, for, the meteing, of, approval(s), to the apposite building plans, rather by the competent authority. Contrarily, the respondents in their reply, merely make, a, contention, qua, under the relevant notification, issued on 30.5.2012, it becoming contemplated, qua there being no necessity, for, approvals, being meted by the competent authority, vis-a-vis, three stories, (ii) whereas, the petitioner raising four stories, hence, he became enjoined to, under law, obtain approval(s) for the additional storey, rather beyond three stories from the competent authority, (iii) and, since he omitted to purvey the afore approval(s), thereupon the electricity connection required thereto, being not amenable to be provided to him.

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