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Himachal Pradesh High Court · body

2018 DIGILAW 1318 (HP)

Trisha Sharma v. State Of Hp

2018-07-16

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, Acting C.J. (Oral) - On 24.4.2018, this Court passed the following order:- "Mr. Hamender Singh Chandel, learned counsel states that the Commissioner, Municipal Corporation, Shimla had personally taken up the matter with some of the companies, with an endeavour of inviting them to undertake the exercise of painting the buildings of old Shimla Town. According to him, the manufacturers perhaps may want some incentives, which issue cannot be decided at the level of the Municipal Corporation and as such, intervention of the Government of Himachal Pradesh is necessarily required. On 18th December, 2017, we had passed the following order: "During the course of hearing, Mr.Abhimanyu Rathore, learned counsel, who is present in Court, states that to restore the pristine beauty of old Shimla town so as to make it look pretty and charming, even though with the intervention of this Court most of the roofs of the buildings stand painted, but however, the general facade of the super structures gives a very shabby and desolate look to the city. He states that considering the historical importance and significance of the town and fact that the Shimla has become a major international tourist destination perhaps an endeavour can be made by the Corporation and the industry to give a new fresh look to the town by painting the same. It is in this backdrop we are totally in agreement with the suggestion of the learned counsel. In fact, Mr.Hamender Chandel, learned counsel, welcomes such suggestion and submits that necessary consequential action shall be taken in this regard. We are of the considered view that by involving the corporate sector and invoking the principle of corporate social responsibility, perhaps the companies manufacturing paint can be contacted by the Municipal Corporation Shimla or for that matter several artists can be contacted who can come forward to give suggestions and make an endeavour in giving a fresh look to Shimla town. Mr. J.K. Verma, learned Deputy Advocate General, states that the State Government shall also have the matter examined and take necessary action in that regard. Let an affidavit of the Chief Secretary to the Government of Himachal Pradesh and Commissioner, Municipal Corporation, Shimla be filed within two weeks. We request Mr. Abhimanyu Rathor, learned counsel, also to assist the Court in this matter. Let an affidavit of the Chief Secretary to the Government of Himachal Pradesh and Commissioner, Municipal Corporation, Shimla be filed within two weeks. We request Mr. Abhimanyu Rathor, learned counsel, also to assist the Court in this matter. Equally it shall be open for the learned Amicus Curiae to give their views in writing to the Chief Secretary to the Government of Himachal Pradesh, as also the Commissioner, in this regard, within two days. List on 9th January, 2018. Copy dasti." On 9th January, 2018, we had passed the following order: "Mr. Hamender Chandel, Advocate, has filed an affidavit of the Commissioner, Municipal Corporation, Shimla dated 6.1.2018, which is not record, however, we reproduce the contents thereof, which is shown to us in Court:- "3.That with a view to make endeavour to give a new fresh look to the town by paining the same as directed by the Hon''ble Court, it is humbly submitted that though the roof to of the buildings are being got painted by the concerned owner/occupier and the compliance in this regard is being submitted before the Hon''ble Court from time to time. In compliance to the directions of the Hon''ble Court, a meeting was convened on 29.12.2017 which was attended by Prof. Mr.Him Chaterji, Head of Arts Department, H.P. University and President Beopar Mandal, Shimla so as to seek their suggestions and cooperation it the matter. 4. That Prof. Mr. Him Chatterji, Head of Arts Department, H.P. University, Shimla has suggested that "Tundor Architecture Style" shall be given to the painting of the houses so as to match the surroundings especially in Core Area in a phased manner and in the first instance the said exercise may be carried out in the buildings located on t he Mall Road starting from AG Office to Chotta Shimla, Post Office. The committee members were of the view that before taking final decision in the mater, the respondent Corporation may work out the proposed cost to be incurred for the said purpose. In view of these facts the matter is under action consideration and necessary steps shall be taken after examining the entire issue keeping in view the suggestions given by the aforesaid members. 5. In view of these facts the matter is under action consideration and necessary steps shall be taken after examining the entire issue keeping in view the suggestions given by the aforesaid members. 5. That it is also brought to the kind notice of this Hon''ble Court that in the Smart City Project there is a retrofitting area between Mall Road and Lower Bazar and this built Heritage of the town shall be preserved by incorporating structural retrofit and faade restoration of all old buildings so as to retain the historic character of the old city. In this regard the area between the Mall Road and Lower Bazar starting from Sher-e-Punjab to CTO building is proposed to be included for the purpose of Mechanized Vertical Mobility, Faade improvement and Civil Engineering retrofitting of selected buildings. It is also submitted that apart from committed Smart City Funds, additional funds for the same shall be mobilized through Public Private Partnership and the Project shall be implemented through Smart City Limited after preparation/finalization of Detailed Project Report. 6. That in compliance to the directions issued by the Hon''ble Court, the replying respondent has also take up the matter with the Paint Manufacturing Companies under Corporate Social Responsibility (CSR) so as to give fresh look to the town. Necessary steps shall be taken immediately after receipt of the response from the aforesaid companies" Let fresh status report be filed within four weeks. List on 6.3.2018." Again on 6th March, 2018, we had passed the following order: "Mr. Hamender Chandel, Advocate, states that fresh endeavour shall be made for complying with the directions, issues on 18th December, 2017. Also, with vigour, manufacturer of paint in the country; NGOs; Architects; Artists and other public spirited persons shall be contacted. We are of the considered view that perhaps views of Raja Bhasin, a Social Activist and a Writer, would also matter in this regard. Let fresh steps, as prayed for, be taken within a period of two weeks. List on 27th March , 2018." Mr. J.K. Verma, learned Additional Advocate General, points out that the matter could not be brought to the notice of the Chief Secretary to the Government of Himachal Pradesh and as such, prays for one week''s time to comply with orders passed by this Court. Prayer allowed. List on 27th March , 2018." Mr. J.K. Verma, learned Additional Advocate General, points out that the matter could not be brought to the notice of the Chief Secretary to the Government of Himachal Pradesh and as such, prays for one week''s time to comply with orders passed by this Court. Prayer allowed. Let the Chief Secretary to the Government of Himachal Pradesh examine the matter and file his affidavit within a period of two weeks. List on 8th May, 2018" 2. Mr. Naresh K. Gupta, learned counsel for respondent No.3 has apprised the Court that the Municipal Corporation has already taken up the matter with various manufacturers of the ''paint'' throughout India. Once the proposal is received, the matter shall be sent to the respondent-State for further action in this regard. 3. Mr. Ashok Sharma, learned Advocate General states that with the receipt of the proposal, the State Government shall take appropriate decision on the same. We take the statement of learned Advocate General on record. 4. In view of above, we close the present proceedings reserving liberty to the parties to agitate the surviving issue expeditiously, if required and desired. 5. Pending miscellaneous applications, if any, also stand disposed of.