ARUN KUMAR SOOD Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS writ petition has been filed seeking issuance of the following writ, orders or directions:

(2.) RESPONDENT No.2 Municipal Corporation is the owner of land abutting on the Cart Road, on the valley side, opposite the Rivoli Bus Stand. The petitioner approached respondent No.2 for permission to raise a rain shelter on a part of the aforesaid land in the memory of his parents. Permission was granted to him. The petitioner erected pillars from a level lower than the road level and on those pillars he laid beams and on the beams a slab was laid. On that slab he raised a superstructure for the rain shelter, the slab serving as the floor of that rain shelter. Case of the petitioner is that after the rain shelter had been constructed, he again approached respondent No.2 to allow him to construct a structure below the floor of the rain shelter, supported by the pillars already erected at the lower level, for the purpose of a homeopathic dispensary for general public, but respondent No.2 rejected his prayer and instead allotted the site below the floor of the rain shelter to respondent No.3 for setting up a printing press by converting that site into a structure.

(3.) RESPONDENTS No.2 and 3, in their separate written replies, have taken similar stand. According to them, respondent No.3 had been allotted a piece of land, measuring 64.44 Sq. yards area, by the Wakf Board in Ruldu Bhatta area for setting up a printing press, but a portion of that area, to the extent of 4 Sq.m. had been utilized by respondent No.2 for the construction of a public toilet and some more area had been utilized for providing access to that toilet and it was in lieu of the utilization of a portion of the area allotted to respondent No.3 by Wakf Board that the site, in question, which measures 116 Sq. feet only or about 13 Sq. Yards, had been allotted to him and that too on the condition that the estimated expenditure of Rs.84,000/- on the construction of the structure would be incurred by respondent No.3 himself and he would pay rent at the rate of Rs.10/- per Sq. foot per month or say total rent of Rs.1160/- per month.