RAM LAL Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE aforesaid Civil Writ Petition and Regular Second Appeal are being decided by a common judgment since similar questions of fact and law are involved in the case.

(2.) RSA No. 414 of 1998 was admitted on the following questions of law:

(3.) THE undisputed facts are that Shri Ram Lal Petitioner in CWP No. 1858 of 1995 and Plaintiff in Civil Suit out of which RSA No. 414 of 1998 arises owned two biswas of land comprised in Khasra No. 244/1/5 Khata Khatauni No. 103/118 min situate in Sanjauli, Tehsil and District Shimla. On 29th December, 1976 he submitted a plan to the Municipal Corporation, Shimla seeking permission to raise a three storeyed building on the aforesaid land. This permission was sought under the provisions of the H.P. Municipal Corporation Act, 1979 . The Corporation vide