RAVINDER KUMAR ARORA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner who is non-agriculturist and non- Himachalli applied to the State of Himachal Pradesh for permission to purchase 456.04 sq.mts. of land in Elysium Lodge Estate for construction of a hotel. Alongwith the application for grant of permission he also filed no objection certificate issued by the H.P. State Pollution Control Board (Annexure P-1), essentiality certificate (Annexure P-2) issued by the Director of Tourism and essentiality certificate (Annexure P-3) issued by the Forest Department. The application of the petitioner was considered and allowed by the State of Himachal Pradesh vide letter Annexure P-4 dated 28.11.1997 and the petitioner was permitted to purchase khasra Nos.23/2/1, 23/2/2 and 25/1 measuring 456-04 sq.mts. situated in Station Ward, Barra Shimla from Sh.Bhuvnesh Banga. Pursuant to the grant of this permission the petitioner purchased the land from the original owner Sh.Bhuvnesh Banga for a total consideration of Rs.12,60,000/-.

(2.) THEREAFTER , the petitioner applied to the Town and Country Planning Department for permission of change of land use from residential to hotel and sought permission to construct a hotel on the land. This permission was rejected by the Town and Country Planner vide his letter dated 1.7.1999 Annexure P-7 for the following reasons:

(3.) I have heard Sh.Y.P. Sood, learned counsel appearing on behalf of the petitioner and have also heard Sh.M.S.Chandel, learned Advocate General for the State.