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2018 DIGILAW 269 (HP)

Chairman, Sada v. Mohinder Pal

2018-03-07

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —Mr.Dheeraj K. Vashisht, learned counsel, has placed on record communication dated 5th February, 2018, contents whereof in totality are reproduced as under: "Please refer to your office letter dated 15th January, 2018 on the subject cited above. The following ten applicants presented themselves in the office of the undersigned on 22- 01-2018 at 10 AM in compliance to the order of the Hon''ble High Court of Himachal Pradesh Shimla dated 10-01-2018 and thereafter a notice was issued to present the proposal of the desired shop numbers & rent in respect of the 50% shops of the new shopping complex on or before date 02-02- 2018. The following proposal was received in the office of the undersigned in respect of the shops. Sr.No Name of applicants Proposed Shop No. Proposed Rent 1 Rigzin Dondup 115 2600 2 Roop Lal 116 2600 3 Sonam Negi 117 2300 4 Harish Kumar 118 2500 5 Pema Lamo 119 2500 6 Pushpa Negi 120 2700 7 Rigzin Lama 121 2800 8 Romesh Kumar 122 2500 9 Vidhya Negi 123 2500 10 Biloo Devi 124 2500 11 Kailash Devi 126 2500 12 Tenzin Choppel 127 2500 13 Krishna Negi 128 2500 14 Parmila Negi 129 2700 Out of these applicants, applicant at Sr.No.5 Smt. Pema Lamo submitted an affidavit that she is the only surviving legal heir of her deceased husband Late Shri Om Prakash who was a party in the said case. She proposed that shop no.119 may be allotted in her favour @ Rs.2700/- per month. Similarly Smt. Parmila Negi submitted orally that she is one of the legal heirs of late Shri Krishan Gopal, a party in the case and other legal heirs of her deceased father have no objection in case she is allotted shop No.129 @ monthly rent of Rs.2700/- but she requested for time till 5 PM on 5-02-2018 to produce required documents in support of her said claim. The proposed rates of the applicants were accessed by the Junior Engineer of this office and on his recommendation were accepted by this office. The proposed rates of the applicants were accessed by the Junior Engineer of this office and on his recommendation were accepted by this office. Consequently, an allotment letter of the shops (Annexure-A) has been issued in respect of all the applicants except for applicant Smt. Parmila Devi who failed to produced the require documents in support of her claim by 5 PM on 5-2-2018, asking them to engaged in a rent agreement with SADA Reckong Peo within 15 days of the allotment order as per the terms & conditions of Special Area Development Authority, Reckong Peo, a copy of which was supplied to them along with allotment order on 05-02-2018. Hence, the orders of the Hon''ble High Court have been complied with, within the given time period of two weeks after 22-01- 2018 granted vide the order of the Hon''ble High Court date 10-01-2018. A compliance report in this regard is submitted please". 2. Undisputedly, 14 shops now stand allotted to the writ petitioners. None of the remaining writ petitioners are aggrieved of the Judgment dated 15th June, 2012, passed by the learned Single Judge in CWP No.6550 of 2010, titled as Mohinder Pal & others vs. State of H.P. & others or of the steps taken by the appellant-Special Area Development Authority (SADA) in allotting the shops to 14 persons. 3. In view of the intervening developments, as jointly prayed for, we dispose of the present appeals, clarifying that the judgment, in question, stands fully complied with. 4. Insofar as remaining one shop, which remains unallotted, only on account of the writ petitioners'' opting not to participate in the auction, it shall be open for the appellantsSADA to deal with the same, in accordance with law. In view of the aforesaid consented terms, present appeals are disposed of. Pending applications, if any, also stand disposed of.