KRISHAN BANON Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition was filed on 30-4-1991 by impleading State of Himachal Pradesh, The Notified Area Committee, Manali and the Director, Town and Country Planning as party respondents, and M/s. Sagar Tourist Resorts Pvt. Ltd. was added as respondent No. 4 vide order dated 21-5-1991 on their Caveat Application No. 425 of 1991. On the application of respondent No. 3 its name was deleted from the array of the respondents and Kullu Development Authority was substituted in its place by order dated 24-11-1992 passed in CMP No. 1560/1992. As stated in the said application, in supersession of all earlier notifications under the Himachal Pradesh Town and Country Planning Act, 1977 (hereinafter called as 'the Act') three notifications dated 2-11-1991 were issued whereby all provisions of the Act came into force w.e.f. 2-11-1991 in Kullu Valley and in exercise of powers under sub-section (1) of Section 66 of the Act. Kullu Valley was designated as special area and under Section 67 of the Act Special Area Development Authority for Kullu Valley Special Area was constituted. Similarly, respondent No. 2 was also substituted by Nagar Panchayat, Manali by order dated 29-10-1997 passed in CMP No. 885/97 filed by the petitioner. However, the newly substituted respondent No. 2 did not file fresh reply-affidavit and reply-affidavit filed by the original respondent No. 2 will be read as their reply.

(2.) For the purposes of pleadings the writ petition dated 14-11-1993 as amended vide order dated 5-10-1994 passed in CMP No. 3713 of 1993 will be referred to. In this amended writ petition the following reliefs have been prayed for :-

(3.) The case set up by the petitioner, who is permanent resident of Manali, District Kullu and is an orchardist and hotelier, is that because of lack of proper building bye-laws and their half-hearted enforcement by respondent No. 2 several high-rising buildings of hotels or otherwise have come into existence in Manali Town without the infrastructure required to support the human population that is housed in such buildings from time to time, which has badly spoiled the natural beauty and ecology of Manali Town, which is one of the most important tourist spot in the State of Himachal Pradesh. The petitioner has referred to letter dated 19-8-1985 addressed by the Commissioner-cum-Secretary (PWD) to the Government of Himachal Pradesh to the Deputy Commissioner, Kullu prescribing regulations for development of land that only 50% of the area was permitted to be covered and set-backs of 3 metres each on all sides was required to be provided in the case of a plot over 500 metre and also that two storeys plus attic was allowed in the area around Circuit House and Log Huts being earmarked for tourists complex zone. He has also relied upon letter dated 29-8-1986 (Annexure-P2) issued by the Secretary (PW) to the Government of Himachal Pradesh to the Director, Town and Country Planning Organisation conveying the approval of the Government to authorise Assistant Town Planner, Kullu and Notified Area Committee, Manali to pass the building construction plan in Manali town in accordance with the existing bye-laws of Notified Area Committee, Manali, except in the area around Circuit House and Log Huts as defined in the said letter. The petitioner has further alleged that taking into consideration the haphazard construction in Manali Town the then Chief Minister of the State of Himachal Pradesh made declaration in the public meeting on 25-10-1990, as appeared in news items of the Tribune dated 26-12-1990 (Annexure P-1) and 2-2-1991 (Annexure P-3) that there will be complete ban on construction of hotels in Manali Town till Kullu Development Authority would be formed and formulate its policies and guidelines and building plans received by Notified Area Committee, Manali before 24-12-1990 would only be processed and approved for construction. In this respect, the Kullu Valley Hoteliers Union (Regd.) had also addressed a letter dated 17-4-1991 (Annexure P-4) to the then Chief Minister, Himachal Pradesh requesting that high rising buildings should be completely banned in Manali Town in order to preserve its beauty and avoid congestion. On the other hand, in order to appease the powerful hotel lobby consisting of industrialists and entrepreneurs from outside the State of Himachal, the Notified Area Committee, Manali passed resolution dated 25-4-1991 making recommendations to permit construction of more than two storeys and attic in the Circuit House and Log Huts Area.