MUNICIPAL CORPORATION Vs. RATTAN SHARMA

JUDGEMENT

(1.) CHALLENGE herein is to an order passed by learned District Judge -cum -Appellate Authority, Shimla in an appeal under Section 253(2) of Municipal Corporation Act in case No. 39 -S/14 of 2013/12, whereby while quashing the order dated 24.3.2012 passed by learned Commissioner, Municipal Corporation Shimla in the proceedings initiated under Section 253 against the respondent, has directed as under:

(2.) RESPONDENT Rattan Sharma has constructed a house at Sanjauli within the limits of Municipal Corporation, Shimla. One Ms. Poonam Sharma lodged a complaint against him with the respondent -Corporation that he has raised the construction of 'Chajja' in the dimension, as detailed in the show cause notice Annexure P -1 of his house unauthorizedly. On the receipt of the complaint, so made with the respondent -Corporation, he was served with a show cause notice Annexure P -1. He entered appearance on 15.1.2011 and sought time for placing on record drawings along with other relevant papers of the projection/chajja so constructed by him. He, however, failed to do so on the date(s) so fixed next i.e. 30.4.2011, 18.6.2011, 20.7.2011 and 15.10.2011, therefore, when the case was listed before learned Commissioner, Municipal Corporation, Shimla on 24.3.2012, the following order came to be passed:

(3.) THE respondent -Corporation, aggrieved by order Annexure P -4 has questioned the legality and validity thereof in this petition on the grounds inter -alia that the Commissioner, Municipal, a quasi judicial authority and the proceedings summary in nature, neither the provisions under the Evidence Act nor those under the Code of Civil Procedure are strictly applicable to the proceedings under Section 253 nor is there any requirement to record the evidence in a manner as in the Civil Court and also that the proceedings being summary in nature required to be conducted by learned Commissioner summarily, of course by adhering to the bare minimum requirement of principles of natural justice.