O.P.LAUL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal has been preferred against the order dated 25th April, 2008 passed by the learned Single Judge, in CWP No. 279 of 2005, dismissing the writ petition with the direction that the appellant was not legally entitled to construct 5th storey over the building, in question, and the construction raised by him in view of order dated 7.7.2005 by fixing concrete slabs on the top floor/5th floor, at his own risk and responsibility,was subject to the final decision of the writ petition and it cannot give right and entitlement to the appellant and as such, the appellant was directed to demolish the construction raised by him on or after 7.7.2005 and to restore the position as it existed prior to 7.7.2005 within three weeks from 25.4.2008.

(2.) FOR adjudicating the present appeal, it is necessary to take the background of the case. The appellant was accorded permission to raise five storeys building vide order No. 140 dated 1.5.1975. A revised -cum -completion plan of a hotel was approved by the Municipal Corporation, Shimla in short called Corporation - vide order No. 458 dated 12.11.1976. An application of appellant of the year 1988, seeking permission to raise 5th storey, was rejected by the Municipal Commissioner on 22.4.1997. The appeal preferred against the said order before the Divisional Commissioner was also dismissed on 1.12.1997. CWP No. 215 of 2004 preferred against the above order was dismissed as withdrawn on 9.6.2004 with the observations that if a representation is made by the appellant to the appropriate authority, the same shall be considered and disposed of on its merits within three months. Accordingly, a representation dated 17.6.2004 submitted by the appellant to the Municipal Corporation was dismissed by the Commissioner respondent No. 4 on 16.9.2004.

(3.) IT appears that the petitioner preferred a revision petition under Section 403 of the Himachal Pradesh Municipal Corporation Act, 1994 (in short called Corporation Act -) against the order dated 16.9.2004. A speaking order was passed by this Court (DB) on 11.4.2005, with an observation that the revision petition of the appellant shall be disposed of by the Revisional Authority keeping in view the observations made therein within a stipulated time.