LAWS(HPH)-2018-11-236

NARESH KUMAR Vs. MUNICIPAL CORPORATION SHIMLA

Decided On November 15, 2018
NARESH KUMAR Appellant
V/S
MUNICIPAL CORPORATION SHIMLA Respondents

JUDGEMENT

(1.) This order shall dispose of the above captioned writ petitions, as the question which has fallen for consideration in all these cases is similar in nature. The petitioner(s} are lessee of the Municipal Corporation, Shimla. They were in default of payment of lease amount/user charges and pursuant to the directions issued by this Court in PIL jurisdiction, the Municipal Corporation has now served them with Notices to deposit the due amount, failing which, penal action like disconnection of water and electricity shall be taken against them.

(2.) The aggrieved petitioner(s) have challenged those Notices. Vide our interim order dtd. 29/10/2018, this Court permitted the petitioner(s) to deposit 50% of the due amount in a time bound manner and upon doing so, the Corporation was directed to restore the electricity and water connections to the petitioner(s). It was subject to further undertaking by the petitioner(s) that the balance amount shall be deposited by them by 30/4/2019.

(3.) In all these cases, the petitioner(s) have complied with the interim directions and 50% of the due amount has been deposited, except in CWP No.2557 of 2018, where the payment schedule laid down by this Court was different than the other cases. Nevertheless, the learned counsel for the petitioner in CWP No.2557 of 2018, also informs that the balance amount shall be deposited as per the schedule fixed by this Court in order dtd. 29/10/2018.