R.S.SANTOSHI Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner has, inter alia, prayed for the following reliefs :

(2.) By impugned order dated 24.3.1999 (Annexure P-13) the Municipal Corporation, Shimla, asked the general power of attorney of the Petitioner to submit revised plan of two dwelling units in accordance with Municipal Building Bye-Laws. This was in reply to the request of the Petitioner for revising/revalidating the plan of the house of the Petitioner which was earlier sanctioned on 27.4.1994. The other impugned order is dated 6.3.2000 passed by Financial Commissioner-cum-Secretary (Urban Development) Government of Himachal Pradesh (Annexure P-16), whereby the revision petition against the impugned order dated 24.3.1999 was rejected.

(3.) The case of the Petitioner is that permission for the development of the plot comprised in khasra No. 862/888/10 in Mauza Station Ward, Shimla, Tehsil and District Shimla, was granted in his favour by Director, Town and Country Planning Department on 26.10.1993 (Annexure P-l). Thereafter, the permission for construction was granted by Municipal Corporation, Shimla, on 27.4.1994 (Annexure P-2). Accordingly, the Petitioner made development of his plot for the purpose of establishment of printing press but when Town and Country Planning Department refused to grant approval for setting up the industrial unit on the ground that the plot in question is situated in the area ear-marked for residential purposes, the Petitioner applied for change of the user of the land which was granted in his favour by the Government on 8.2.1995 (Annexure P-3) and he was permitted to use his plot for residential purposes. However, the Petitioner had started construction of his building and sent requisite information thereof to the Municipal Corporation on 11.10.1994 (Annexure P-6).