(1.) WHAT is the nature of authority exercised by the Commissioner under the provisions of Section 253 of the Himachal Pradesh Municipal Corporation Act, 1994 (hereinafter referred to as the "Act")? Is it ministerial or quasi judicial? Is he bound to comply with the principles of natural justice? If yes, then to what extent? Do the provisions of the Indian Evidence Act, 1872 (hereinafter referred to as the "Evidence Act") apply to such proceedings conducted by him? Whether in such proceedings report submitted by an official of the Corporation (Junior Engineer) is per se admissible in law or can be looked into? Whether under all circumstances, in such proceedings, a party would have a right to adduce evidence or cross -examine a person. All these issues require consideration by this court.
(2.) IN exercise of its powers under Section 253 of the Act, Commissioner Municipal Corporation Shimla (hereinafter referred to as the Commissioner), issued notice dated 15.1.2010/23.2.2010, calling upon Savitri Devi (hereinafter referred to as the respondent) to show cause as to why unauthorized construction of 41.202 Sq. Mts., raised by her on the ground floor of the premises owned by her, be not demolished. Also as to why unauthorized commercial use thereof, be not stopped.
(3.) IN such proceedings, on 2.7.2011, Commissioner directed the concerned Junior Engineer (J.E.) to consider the response and submit status report. Needful having been done, on 20.8.2011, Commissioner passed the following order:
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