Dharam Chand Chaudhary, J.

This judgment shall dispose of both the petitions filed against the order passed by learned Appellate Authority (District Judge, Shimla) under the HP Municipal Corporation Act, hereinafter referred to as ‘the Act’ in short in an appeal under Section 253 (2) of the Act, whereby learned Commissioner, Municipal Corporation, Shimla has been directed to record the statement of Architect Planner on oath who has submitted the report qua unauthorized construction raised by the respondent herein and to afford the opportunity of cross-examination of the Architect Planner and thereafter to record the statement of the respondent as well as the witnesses to be produced by him on oath and allowing their cross-examination on behalf of the Municipal Corporation and to decide the case thereafter afresh. The case has, therefore, been remanded to learned Commissioner.

2. Mr. Hamender Chandel, learned Counsel representing the petitioner-Municipal Corporation has relied upon the judgment passed by a Coordinate Bench of this Court in CMPMO No.51 of 2014, titled Municipal Corporation, Shimla through its Commissioner v. Savitri Devi. In that case also, order passed by le