JUDGMENT :

Rajiv Sharma, J.

1. The brief facts necessary for the adjudication of this petition are that the predecessor-in-interest of the petitioner had applied on 26.12.1994 to the respondents for the grant of permission for construction of three storeyed commercial building over the existing single storey plus parking place and addition in ground floor on Khasra Nos. 281, 284, 288 to 310 and 312 to 318 at Bright Land, Cosy Nook Estate, Shimla-3

2. It appears from the pleadings of the parties that the matter remained under consideration of the respondents and ultimately the permission was declined by the respondent No.2 on 29.12.1997 primarily on the ground that the proposal falls in banned area of Shimla Planning Area. The petitioner preferred an appeal against the decision dated 29.12.1997 before the respondent No.1 under Section 32 of the Himachal Pradesh, Town and Country Planning Act, 1977, hereinafter referred to as the Act. The appeal preferred by the petitioner was rejected by the respondent No.1 on 1.3.2000.

3. Mr.G.C.Gupta, senior counsel assisted by Mr.Mohidner Gautam, Advocate had strenuously argued that the order dated 1.3.2000 is not a speaking order. He further contend