MUNICIPAL CORPORATION Vs. KULDEEP SINGH

JUDGEMENT

(1.) THIS petition by the Municipal Corporation, Shimla is directed against the judgment dated 27.8.2010 passed by the learned Additional District Judge, Shimla whereby the appeal filed by the Respondent was allowed and the order dated 19.6.2010 restraining the Respondent from carrying out any further construction till final outcome of the investigation by the Vigilance and Anti Corruption Department was set aside.

(2.) BRIEFLY stated the facts of the case are that the Respondent herein purchased a plot measuring 159.69 Sq. metres in Kaithu, Tehsil and District Shimla in the year 2006. The plot had been approved for construction in favour of the predecessor -in -interest of the Respondent. At that time necessary permissions from all concerned were obtained and according to the Forest Department no trees were existing on the spot.

(3.) TAKING note of the aforesaid communication the Commissioner, Municipal Corporation, Shimla issued notice under Section 248 of the HP Municipal Corporation Act, 1994 to the Respondent alleging that the house building sanction had been obtained by suppressing the material fact that there were trees on the boundary of the plot and the Respondent was asked to show cause why the building sanction should not be withdrawn.