Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 1889 (HP)

Court on its own motion v. State of HP

2016-09-05

CHANDER BHUSAN BAROWALIA, MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. In terms of order dated 8th August, 2016, Shri Kharaiti Lal Anand was arrayed as party respondent No. 16 in this petition. Mr. Anand Sharma, Advocate, has put in appearance on his behalf. The said respondent has not filed the reply so far, is directed to file the same by or before the next date. 2. In terms of para 12 of the order dated 8th August, 2016, the authorities concerned were directed to explain as to why prosecution/contempt proceedings and proceedings under Prevention of Corruption Act be not initiated against them for not drawing action right from 28th October, 2015, have not filed the status reports/response till today. 3. Respondent No. 5 has filed the details of the concerned persons, who are raising construction in and around Ghandal. 4. Deputy Commissioner, Superintendent of Police, Solan, and the National Highway Authority of India, have not filed the status reports. 5. The State Authorities, particularly the Chief Secretary, was requested to prepare a Scheme, so that, the construction in and around Ghandal is raised, in terms of the previous order. The learned Advocate General stated at the Bar that the State has already made the laws, Rules, Regulations, and Notifications, are occupying the field and there is no need to have a fresh Scheme in place. Also stated that the area comes under the Special Area Development Authority (SADA) and the Town and Country Planning Act. His statement is taken on record. 6. Accordingly, directions contained in para 19 of the order dated 8th August, 2016, are modified and it is provided that the construction to be raised in and around Ghandal, shall be strictly in terms of the Laws, Rules, Regulations and Notifications, occupying the field. 7. All the respondents are directed to comply with the directions passed by this Court from time to time and to remove encroachments, as directed from time to time and file status reports. 8. All the respondents to appear in person before this Court on 19th September, 2016, and in the meantime, to file the status reports, as directed from time to time. 9. All other directions to remain in force till further orders.