Rajiv Sharma, J.

1. Petitioners submitted building plans for construction on Khasra Nos. 912/2, 916/2, 917/2 and 920/2 in the month of November, 2003 to the respondent-corporation. Respondent-corporation raised certain objections and the same were removed and the building plans were re-submitted on 27.2.2004. Respondent No.2 forwarded the case of the petitioners to respondent No.3 on 17.3.2004. Text of letter dated 17.3.2004 reads thus:

“Sh. Mool Krishan Aggarwal and Sh. Gopal Mohan Aggarwal have applied for planning permission for the construction of building on Kh. Nos. 947/912, 951/917, 953/920, 949/916, 909, 946/912, 950/917, 918, 919, 952/920 and 959/496 at Tashkent Hotel, Sher Wood Estate Near A.G. Office, Shimla. The case of the applicants has been examined and found that it fulfills all the requirements of I.D.P. Shimla H.P.M.C. Act, 1994 and M.C. Building Bye Laws except the fact that the area falls in the ‘Restricted Area’ modified by the Government where no development can take place without the specific permission of the Government. It is, therefore, requested that the case of the applicants may be considered for giving relaxation in ‘Restricted Area’. The copy of plan, revenue papers i.e. tatima & jamabandi and proforma duly filled in are enclosed please.”

2. Thereafter, respondent No.3 forwarded the case of the petitioners to the Chairman Conservation Advisory Committee-cum-Secretary (TCP) to the Government of H.P. on 30.6.2004. According to the contents of letter dated 30.6.2004, case was examined and it was observed that the proposed site falls within ‘Restricted Area’ as well as ‘Heritage Zone’ and as per notification dated 22.8.2002, the only competent authority to decide the normal planning permission cases in ‘Restricted Area’, was ‘Restricted Area Committee’ and as per Heritage Regulations notified vide notification dated 5.6.2003, no construction could be allowed in the strip of 25 meters on either side of the Mall Road. Since the site in question fell within the strip, the approval of the Heritage Conservation Sub-Committee was required. Thereafter, the Heritage Conservation Advisory Committee visited the spot on 8.9.2004. The Sub-Committee informed the Heritage Advisory Committee that further addition of four storyes + parking floor with an additional plinth area of 172.68 sqm. may not be allowed. The relevant portion of the recommendations is reproduced as under:

“Now the proposal has been submitted by the applicant for additional block four storyes + parking floor with existing main hotel building by including Kh. No. 947/912/1, 947/912/2, 951/917, 953/920 and 949/916 measuring 508.08 sqm. Out of additional plot area of 508.80 sqm., the plinth area of existing structures is 232.35 sqm. The proposed additional plinth area is 172.68 sqm. The total existing plinth area of old structures within a plot area of 2162.27 sqm. Works out to 476.25 sqm. Against 476.25 sqm. permissible plinth area, sanction has already been accorded for a total plinth area of 563.94 sqm. and with the addition of proposed 172.68 sqm. plinth area, the total plinth area will be 736.62 sqm. The total floor area will be 2757.32 sqm. against existing total floor area of 1905.00 sqm and thereby excess floor area of 852.32 sqm. The site was inspected and found that 6 storey framed structure + parking floor of hotel building have been constructed by the applicant. Terrace of the top storey is yet to be laid which will come on the Mall road level. The total floor area of hotel building constructed at site is 1805.90 sqm. including the area of parking floor.

As these structures are in the vicinity of main heritage buildings namely Gorton Castle (A.G. Office) and Railway Board building and fall within ‘Heritage Zone’ the same were required to be approved on old existing building line after proper application of Heritage Regulations on one hand and directions of the Hon’ble High Court, on the other. In view of the excessive coverage