RAMESH DUTT BHARDWAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners lay challenge to Notices Annexures P- 7 and P-8, issued by the Town and Country Planning and H.P. State Electricity Board, respectively, whereby they have been directed to comply with the terms and conditions contained therein.

(2.) The case of the petitioners is that respondent No. 2- Town and Country Planning Department, issued them notice dated 02.11.2019 (Annexure P-7), directing them to comply with the directions contained therein, within a period of 15 days from the date of service of the said notice and in case, such directions are Whether the reporters of Local Papers may be allowed to see the judgment? not complied with, within the stipulated period, action would be taken against the petitioners, as per the provisions contained in sub-Sections (3), (4) or (5) of Section 39 of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977), for short 'the Act'. Their further case is that they were issued another notice dated 19.11.2019 (Annexure P-8) by respondent No. 3-H.P. State Electricity Board, whereby they were directed to submit 'No Objection Certificate' from respondent No. 2, within seven days from the date of issuance of the said notice and in case, the same is not done within the aforesaid period, the electricity supply to the premises of the petitioners would be disconnected without any further notice. It is averred in the notice dated 02.11.2019 (Annexure P-7) that the petitioners have carried out construction of their three storeyed building in contravention of the sanction conveyed vide office letter No. 1469, dated 20.10.2010, by way of encroaching the side and rear setbacks of the building in question and also changed the user of the building from residential to commercial.

(3.) Learned Counsel for the petitioners submits that the building was/is used for residential purpose and he is using the same for the aforesaid purpose only, but some portion of the building is being used for running Micro Industries and the same would not consume electricity, so it cannot be treated as 'being used for commercial purpose'. He further submits that since the petitioners have not violated any provisions of the Act, notices dated 02.11.2019 (Annexure P-7) and dated 19.11.2019 (Annexure P-8) issued to them, may be set aside and the respondents may be directed not to disconnect the electricity supply to their premises.