AKSHAY DOEGAR Vs. KANWAR VIJAY SINGH

JUDGEMENT

(1.) THE present contempt petition has been filed praying that action be taken against the respondent for having committed gross and willful criminal contempt of this Court.

(2.) THE facts necessary for decision of this case are that the respondent alongwith his mother and brothers were owners of khasra No.233/C/8 old and new khasra No.983 measuring 218.00 sq.mtrs. in Chhota Shimla. Respondent alongwith his co-owners sold the plot in favour of one Sh.P.S.Verma vide sale deed dated 28.12.1977. Said Sh.P.S.Verma obtained permission to construct house on the said plot from the Town and Country Planning Department on 27.2.1992. Approval for construction was granted by the Government of Himachal Pradesh on 12.5.1993. Thereafter, it appears that some proceedings were initiated by the respondent against Sh.P.S.Verma and Sh.P.S.Verma sold the property to the present petitioner on 3.8.1999. The present petitioner thereafter submitted building plan to construct a four storey house on the plot. Objections were raised by the Municipal authorities and thereafter the petitioner submitted fresh plan for constructing parking and two storeys.

(3.) THEREAFTER , the respondent made complaints to various authorities and he filed CWP No.886 of 2003 in this Court. The main allegation was that Sh.P.S.Verma had expired on 3.4.2000 but still an application was made purportedly on behalf of Sh.P.S.Verma for approval of building plan. It was also prayed that the construction raised by respondent No.4 (present petitioner) be demolished.