VIMAL SHARMA Vs. STATE OF H. P.

JUDGEMENT

(1.) In this appeal, judgment dated 9.1.2012 passed by learned Single Judge in CWP No. 2697 of 2011 is under challenge. Learned Single Judge after taking into consideration the facts of the case and also case law, while allowing the writ petition has concluded as under:-

(2.) The appellants (respondents No. 5 and 6 in the writ petition) are not averse to the spot inspection to be conducted by the authorities in the Town and Country Planning Department as well as Municipal Council, Kullu. Mr. Neeraj Gupta, learned Senior Advocate on instructions from Ms. Rinki Kashmiri, Advocate has stated at Bar that the authorities to conduct the demarcation and point out the discrepancies/deviations/illegalities, if any, committed by the appellants-respondents at the time of development of their plot and raising construction thereon, after taking into consideration under the amended provisions of the Town and Country Planning Act and also the Municipal Council Act, 1994. In case any deviation under the provisions of the Town and Country Planning Act as well as Municipal Act/building bye-laws is detected during the course of inspection, the appellants-respondents shall demolish the same and protect the remaining part of the property in question i.e. again as per the requirement under the Municipal Act and also the Town and Country Planning Act within three months from the date of inspection and the deviation, if any, detected, failing which, the Town and Country Planning Department as well as Municipal Council will demolish the same at their cost. The report in compliance be filed on or before 15th October, 2019 on which day this matter shall be taken up in the Chambers at 4.15 p.m.

(3.) The appeal is accordingly disposed of, so also the pending application(s), if any.