KAVI KHANNA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) Both these petitions have been heard together and are being decided by a common judgment on account of inter-connection of facts involved.

(2.) For clarity, petitioner in CWP 3672 of 2022 will hereafter be referred as 'the petitioner', respondent No.1 as 'the Corporation', Commissioner of respondent No. 1 as 'the Commissioner' and the respondent No 2 who also is the petitioner in CWP 5507 of 2022 will be referred to as 'the respondent"

(3.) Facts necessary for adjudication of these petitions are that a complaint was received by the Architect Planner of the Corporation on 14/11/2019, through the 'Chief Minister Sankalp Seva', alleging acts of unauthorized construction against the petitioner. The Commissioner on 5/12/2019 issued a notice under Ss. 254(6) and 253 read with Sec. 242 of the Himachal Pradesh Municipal Corporation Act, 1994 (for short, 'the Act') to the petitioner requiring him to show cause as to why the civic amenities provided to petitioner be not withdrawn and why the unauthorized construction raised by him be not demolished. Petitioner was required to submit his response within three days and also to present himself before the Commissioner on 7/12/2019 at 10.00 a.m. The allegation in the notice dtd. 5/12/2019 read as under: