VIRENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IT is a pro bone publico litigation filed by the retired Principal. The petitioner has highlighted the acts of omission and commission of the respondents by permitting the construction of three storeyed parking lot in a Children Park. The petitioner has averred that the State had taken a decision to convert the graveyard into a park for children after the consent of the Muslim community in the year 1962. A sum of Rs. Two lakhs was incurred for the development of the children park. It was inaugurated by Shri Bhavan Sahay, the -then Lt. Governor of Himachal Pradesh on 26.10.1965. The petitioner has further averred that many unscrupulous persons have occupied the major portion of the Children Park and have built up shops and offices in violation of law. He had also filed Writ Petition (Civil) No. 605 of 2007 in the Hon 'ble Supreme Court for similar relief as prayed for in this petition. He was permitted to withdraw this petition on 10.12.2007.

(2.) MR . Virender Kumar who has appeared in person has vehemently argued that the decision of the respondents to construct three storeyed parking lot in the Children Park is against the provisions of the Town and Country Planning Act, 1977. He then contended that the State of Himachal Pradesh i.e. respondent No. 1 is the owner of the land and respondent No. 2 has been shown in possession of the same in the revenue records. He then contended that respondent No. 2 has not even sought the permission of the owner i.e. State before embarking upon the construction of the building.

(3.) MR . Jagdish Thakur, Advocate appearing on behalf of respondent No. 2 has vehemently argued that the parking lot has been constructed on the land in question to facilitate the parking of the vehicles of the parents/wards of the children who visit the Children Park. He further contended that the State Government has issued the necessary sanction to raise the construction vide communication dated 6.1.2009.