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2018 DIGILAW 113 (HP)

Court on its own motion v. State of H. P.

2018-01-10

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT : Sandeep Sharma, J. Taking suo motu cognizance of letter dated 20.9.2017, addressed to the Chief Justice, wherein letter petitioner; namely; Rama Devi, former Councilor of Nagar Panchayat, Bhuntar, alleged that House of Nagar Panchayat, Bhuntar passed a Resolution resolving therein to allot 5 shops/place for construction of shops on the expenses of allottees without adopting codal formalities as enshrined in H.P. Municipalities Act & Rules, this Court treated the same to be Public Interest Litigation and directed learned Additional Advocate General to have instructions in the matter. 2. Averments contained in the letter petition suggest that matter, with regard to aforesaid irregularities committed by Nagar Panchayat, Bhuntar, while allotting 5 shops/place for construction of shops, was brought to the notice of Deputy Commissioner, Kullu, who, vide order dated 18.12.2015 had ordered for demolition of shops within a period of seven days. Allottees, being aggrieved with the aforesaid order passed by Deputy Commissioner, Kullu, filed an appeal before Appellate Authority-cum-Additional Chief Secretary (UD), Government of Himachal Pradesh, who vide order dated 2.1.2016 stayed the order passed by the Deputy Commissioner, Kullu. Subsequently, letter petitioner procured information under Right to Information Act, 2005 and found that vide order dated 19.11.2016, Additional Chief Secretary (UD) to the Government of Himachal Pradesh remanded the case back to the Deputy Commissioner, Kullu for fresh hearing. 3. Letter petitioner has alleged that more than 10 months have passed, after passing of order dated 19.11,2016 by the Additional Chief Secretary (UD) to the Government of Himachal Pradesh, but no action is being taken by the Deputy Commissioner, Kullu to take final decision qua the unauthorized allotment/construction raised on the spot/land by the allottees. 4. Deputy Commissioner, Kullu, in his affidavit has admitted that it was brought to his notice by some Councilors and the Secretary, Nagar Panchayat, Bhuntar, District Kullu, H.P., vide letter dated 3.11.2017 that the House of Nagar Panchayat Bhuntar passed a Resolution resolving therein to allot 5 shops/place for construction of shops on the own expenses of the allottees without adopting codal formalities as prescribed in H.P. Municipalities Act & Rules. Deputy Commissioner, Kullu, has further stated in his affidavit that taking immediate action on the aforesaid complaint, Sub Divisional Officer(C), Kullu was deputed to conduct detailed inquiry, who vide communication No. 1699/St(SDM), dated 20.11.2015 submitted his report. 5. Deputy Commissioner, Kullu, has further stated in his affidavit that taking immediate action on the aforesaid complaint, Sub Divisional Officer(C), Kullu was deputed to conduct detailed inquiry, who vide communication No. 1699/St(SDM), dated 20.11.2015 submitted his report. 5. After having received the report, as submitted by Sub Divisional Officer(C), Kullu, predecessor of Deputy Commissioner, Kullu, who has filed instant affidavit, passed an order dated 18.12.2015 and suspended the Resolution of Nagar Panchayat, Bhuntar and ordered for demolition of shops within one week. But, since, the allottees had obtained stay order dated 2.1.2016 from Additional Chief Secretary (UD) to the Government of Himachal Pradesh and who subsequently remanded the case back to the Deputy Commissioner, Kullu on 19.11.2016, no further action could be taken, pursuant to order dated 18.12.2015, passed by Deputy Commissioner, Kullu. 6. It has further been stated in the affidavit that after having received order dated 19.11.2016 from Additional Chief Secretary (UD) to the Government of Himachal Pradesh, Deputy Commissioner, Kullu, reconsidered the matter and found that there is no specific provisions in the Municipal Act, 1994, which empowers him to review or to cancel such Resolutions passed by the Nagar Panchayat, Bhuntar and he accordingly took up the matter with Director, Urban Development, Himachal Pradesh. Deputy Commissioner, after having obtained necessary clarification from Director, Urban Development, Himachal Pradesh, initiated proceedings in quasi-judicial capacity, which are pending before him. Learned Additional Advocate General, while inviting attention of this Court to the affidavit of Deputy Commissioner, Kullu, has stated that final decision shall be taken by the Deputy Commissioner, Kullu within a period of one month from today. 7. Consequently, in view of aforesaid affidavit filed by the Deputy Commissioner, Kullu as well as undertaking given by the learned Additional Advocate General, we see no reason to keep the present petition alive and accordingly the same is closed with the following directions: (i) Deputy Commissioner, Kullu shall conclude the proceedings pending before him within a period of one month from today and thereafter shall ensure that shops/land, if allotted in violation of H.P. Municipalities Act and Rules, are vacated. 8. We also wish to place on record appreciation qua the efforts put in by Mr. Maan Singh, Advocate, Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feed back. 9. 8. We also wish to place on record appreciation qua the efforts put in by Mr. Maan Singh, Advocate, Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feed back. 9. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Kullu for necessary action as well as to the letter petitioner to enable her to take follow up action with the concerned authorities.