JUDGMENT :

Sandeep Sharma, J.

Instant petition has been filed against order dated 18th March, 2008 passed by the Additional Chief Secretary (TCP) on an appeal under Section-32 of the HP Town and Country Planning Act, 1977 preferred by the petitioner against order dated 29.12.1997 of the Director, Town and Country Planning, Himachal Pradesh, whereby proposal of the petitioner for construction of three storeyed commercial building over existing single storey + parking and addition in ground floor on Khasra Nos. 281, 284, 288 to 310, 312 to 318, at Bright Land, Shimla-3, was rejected being in banned/core area of Shimla Planning Area and on the ground that said proposed construction will obstruct the vision and create more congestion in the already developed area.

2. However, this is second round of litigation between the parties as the petitioner has already approached this Court by filing CWP No. 398 of 1997, which was disposed of on 24.12.2007. The petitioner had filed aforesaid CWP against decision dated 1.3.2000, whereby appeal filed by the petitioner against order dated 29.12.1997 passed by Director, Town and Country Planning was rejected by respondent No.1. While disposing of CWP N