NARESH KUMA Vs. COMMISSIONER, MUNICIPAL CORPORATION

JUDGEMENT

(1.) Since the issue involved in all these petitions is same, they were heard together and are being disposed of vide this common order. However, for the sake of brevity, facts of CMPMO No. 410 of 2020 are being discussed herein.

(2.) Being aggrieved by judgment dtd. 6/10/2020 passed by learned District Judge, Shimla, exercising powers of Appellate authority under Himachal Pradesh Municipal Corporation Act, 1994 (hereinafter, 'Act') whereby an appeal filed against order dtd. 29/6/2020 passed by the Commissioner, Municipal Corporation in Case No. CF/566/AP/2020 titled Architect Planner v. Naresh Kumar, came to be dismissed, petitioner has approached this Court in the instant proceedings filed under Art. 226 of the Constitution of India, praying therein to set aside aforesaid judgment passed by learned District Judge and order dtd. 29/6/2020 passed by Commissioner, Municipal Corporation.

(3.) Precisely the facts of the case as emerge from the record are that after having received complaint with regard to construction of unauthorized Dhara near MC Quarters Kasumpti, respondent conducted spot inspection on 8/6/2020. Since no plausible came to be rendered on record by the petitioner herein, with regard to encroachment on MC land, respondent Corporation issued notice dtd. 8/6/2020 under Ss. 253, 240 and 246 of the Act, calling upon the petitioner to explain that why action be not initiated against him for having raised unauthorized construction without sanction of the Municipal Corporation, Shimla.