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2017 Supreme(HP) 1021

TARLOK SINGH CHAUHAN
Anil Aggarwal – Appellant
Versus
H. P. Housing and Urban Development Authority Shimla – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Jyotsna Rewal Dua, Senior Advocate with Ms. Charu Bhatnagar, Advocate
For the Respondents:Mr. Neeraj Gupta, Advocate, Mr. J.S. Guleria, Assistant Advocate General

JUDGMENT :

Tarlok Singh Chauhan, J.

I would preface this judgment by referring to the observations made by the Hon’ble Supreme Court in Dipak Kumar Mukherjee versus Kolkata Municipal Corporation and others (2013) 5 SCC 336 in connection with illegal and unauthorized construction of buildings and other structures which read thus:-

“8. What needs to be emphasised is that illegal and unauthorised constructions of buildings and other structure not only violate the municipal laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. The common man feels cheated when he finds that those making illegal and unauthorised Whether the reporters of the local papers may be allowed to see the constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan. The reports of demolition of hutments and jhuggi jhopris belonging to poor and disadvantaged section of the society frequently appear in the print media but one seldom gets to read about demolition of illegally/unauthorisedly constructed multi-storied structure raised by economically affluent



































































































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