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2018 DIGILAW 65 (HP)

Court On Its Own Motion v. State Of H. P.

2018-01-05

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. - On the basis of a letter petition, so addressed by local residents of village Meon, P.O. Chintapurni, Tehsil Dehra, District Kangra, Himachal Pradesh, to the Hon''ble Chief Justice, this Court, taking suo moto cognizance, issued notice. Allegedly, rights of local residents were violated, on account of alleged construction being raised by a private contractor, in whose favour land stands leased out for a period of 33 years, at Bus Stand Chintapurni, Teshil Dehra, District Kangra, Himachal Pradesh. 2. From the affidavit, so filed by the Divisional Manager (Legal), HRTC/HPBSM & DA, Head Office, Shimla-3, it is evident that allegations with regard to the construction being raised by the private contractor Mukesh Ranjan are not disputed. However, it stands clarified that construction is being raised after the matter was amicably discussed and resolved by all concerned and that too pursuant to decision rendered by the Civil Court. 3. However, on 18.12.2017, this Court passed the following order, ensuring satisfaction of petty shopkeepers engaged in earning their livelihood: "Perhaps the best way the grievance of the letter petitioner can be addressed is if the authorities were to visit the spot and have the issue resolved. As such, we direct SDM Dehra and Amb to visit the spot where the work is being executed by HRTC, Chintpurni, on 28.12.2017. Report be submitted before the next date. List on 01.01.2018." 4. Pursuant thereto, joint inspection report of SDMs, Dehra and Amb was placed before us, which reads as under: "In compliance with order passed by the Hon''ble High Court of Himachal Pradesh on 18-12-2017 in CWPIL 210/2017 Court on its own motion v. State, of HP and others . Spot was visited on 28-12-2017 by SDM Dehra and Tehsildar Amb having additional Charge of SDM Amb, Regional Manager, HRTC Dehra, Teshildar Dehra and in the presence of applicants as per annexure-1. Main contents of the complaint/petition is regarding the boundary wall being erected in front of the shops which will affect the livelihood of the shopkeepers adversely. The other contention of the applicants is that contractor is undertaking the construction work wrongly for his own interest and as a result of which their livelihood will be affected adversely and badly. Statements of local residents/applicants was recorded. The other contention of the applicants is that contractor is undertaking the construction work wrongly for his own interest and as a result of which their livelihood will be affected adversely and badly. Statements of local residents/applicants was recorded. They stated that they have apprehension that contractor will construct wall in front of their shops which will block the passage to their shops and they will be deprived of their livelihood. Statement of applicants is attached as annexure-2. Shri Kunal Jolly, Project Manager, MRC Group Punjab stated that they have got the lease to construct and operate bus stand Chintpurni on D.V.F.O.T. basis in open tender. He further stated that construction is being carried out as per agreement. Statement of Project Manager, MRC Group Punjab is attached as annexure-3. After spot inspection, it is found that Himachal Pradesh City Transport and Bus Stand Management and authority Shimla has leased out the project site comprised in Khasra No 612, 613, 614, 637 area measuring 0-99-66 hect. To M/s Mukesh Ranjan contractor Haripur Road Dashua, District Hoshiarpur Punjab vide lease deed No 779/2016 dated 21-10-2016. Further, SADA Shri Chintpurni granted permission for approval of building maps on 9-3-2017. During the spot visit it was found that there exist multi storey building on Khasra No. 630 along the main Chintpurni bazaar road. The upper storeys are towards/along the main Chintpurni bazaar Road while the eight shops in the basement have their access/opening towards bus stand. (List is attached as annexure-4). It was further observed that twelve shops (List attached as annexure-5) exist on Khasra Nos. 640, 641, 642, 643, 643/1, 644/1 along with exist of bus stand Chintpurni. It has been observed on the spot that there was no new construction of wall in front of the shops but in future if the boundary wall is erected in front of the shops then their access to the bus stand will be obstructed. During the spot visit it has further been observed that there exits six tin posh khokhas on Khasra No. 575 owned by Shri Parvinder Kumar S/o Shri Parkash Chand and other co-owners along with road leading to the car parking of the bus stand built by the contractor. If the boundary will is built on this spot also the access to Khasra No. 575 will be blocked. If the boundary will is built on this spot also the access to Khasra No. 575 will be blocked. With regard to the unauthorized construction by the contractor a report was sought from member Secretary cum ATP Sub Divisional Town Planning Office Una. Member Secretary, SADA submitted his report vide his office letter No. SADA (Chintpurni) - UAC No. 141/2017-297 dated 30-12-2017. It has been reported that the building maps were approved on 09-03-2017 by the Special Area Development Authority Shri Chintpurni. A complaint regarding unauthorized construction/deviation being carried out by the contractor was received from shri Rakesh Kumar S/o Shri Parkash Chand R/o village Moin P.O. Chintpurni Tehsil Dehra Distt. Kangra. It has further been reported that during the inquiry of the complaint it was found that contractor/Developer has deviated the construction from the approved building map i.e. construction in set backs. The notice under section 39 of the Himachal Pradesh Town and Country Planning Act, 1977 for deviating the construction from approved plan was served upon the above said contractor by the authority vide notice No. SADA (Chintpurni)- UAC No. 141/2017-255-59 dated 16-10-2017. The case for composition of offence i.e. regularisation of carried out deviation has also been received in their office on 08-12-2017 and the case is under process. (Report of Member Secretary, SADA is attached as annexure-6). Hence, the report is submitted please." 5. In view of the aforesaid, we deem it appropriate to close the present proceedings, with further directions to the authorities below to take appropriate action against all the erring persons, including contractor, in accordance with law. 6. Also, the authorities shall ensure that no construction is allowed to be raised, save and except in accordance with law. 7. We direct that the SDMs of Dehra and Amb shall personally ensure the same and in case of any deviation being permitted, save and except in accordance with law, they shall personally be held responsible for the same. Also, these authorities shall ensure that no ingress or egress is obstructed to any of the shops constructed by the land owners over their respective khasra numbers. 8. We also direct the SDM, Dehra, District Kangra and SDM, Amb, District Una, Himachal Pradesh, who have submitted their report, to file their personal affidavits, indicating the steps taken for complying with the directions issued by this Court. Needful be positively done within a period of eight weeks. 8. We also direct the SDM, Dehra, District Kangra and SDM, Amb, District Una, Himachal Pradesh, who have submitted their report, to file their personal affidavits, indicating the steps taken for complying with the directions issued by this Court. Needful be positively done within a period of eight weeks. 9. These proceedings are closed. Pending application(s), if any, stand disposed of. 10. Only for the purpose of filing the affidavits, matter be listed before Additional Registrar (Judicial) of this Court on 3.4.2018. 11. Before parting, we place on record our appreciation qua the efforts put in by Mr. Prashant Sharma, learned Amicus Curiae, who, on the instructions of this Court, contacted the letter petitioners and obtained necessary feedback. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Kangra at Dharamshala, Himachal Pradesh; Deputy Commissioner, Una, Himachal Pradesh; SDM, Dehra, District Kangra, Himachal Pradesh; and SDM, Amb, District Una, Himachal Pradesh, for necessary action. Also, the learned Amicus shall inform the letter petitioners about passing of the instant judgment, for taking follow up action with the concerned authorities.