Point of Law: PIL was essentially meant to protect basic human rights of weak and disadvantaged.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioner has prayed for the following substantive reliefs:-

“(i) To direct the respondents to stop all type of construction activities being carried out by the respondent Non.7 on Khasra No. 358/1, 360/1, 362/1, 363/1, 364/1 Kita 5 total measuring 0-25-55 hectare (2555 Sq. Meters) situated at Up Mohal Dochi, Patwar Circle Kasumpti, Tehsil and Distt. Shimla HP being violative of provisions of T&CP Act, 1977, Interim Development Plan, 1979, T&CP Rules, 2014 amended upto 2016.

ii) To direct the respondent No.1 to cancel the planning permission, Annexure P-5 alleged to have been sanctioned in favour of respondent No.7 which is contrary and violative of Act, Bye –laws, Regulations, rules and Interim Development Plan.

iii) To direct the respondent No.2 and 5 to initiate appropriate proceedings against respondent No.7 under T&CP Act, 1977 for carrying out unauthorized construction on the basis of notice issued on 19.12.2018, Annexure P-9 and P-10.

iv) To direct the respondent No.7 to restore the land to its original position which have been indiscriminately/unauthorisedly damaged and dug out including the land which is owned by the State of H.P. which is allegedly used as passage”.

2. Brief facts necessary for adjudication of the petition are that certain employees of Himachal Pradesh Civil Secretariat have formed respondent No.7 Society and have registered the same under the Himachal Pradesh Societies Registration Act (for short “the Society”).

3. In 2015, the Society purchased land comprised in Khasra No. 358/1, 360/1, 362/1, 363/1, 364/4/1, total measuring 2555 square Meters, situated at Up Mohal Dochi, Patwar Circle Kasumpti, Tehsil and District Shimla H.P. (hereinafter referred to as “land” for brevity) from one Shri Shankar Singh for the purpose of construction of 50 residential flats for its members on self-finance basis. Mutation of sale in favour of the Society was attested on 28.11.2015.

4. The land purchased by the Society falls within the Shimla Planning Area and is thus amenable to the Himachal Pradesh Town & Country Planning Act, 1977 (for short “the Act”), Himachal Pradesh Town & Country Planning Rules, 2014 (for short “the Rules”) and Interim Development Plan for Shimla Planning Area (for short “IDP”).

5. The seller of the land Sh. Shankar Singh is real brother of the petitioner. In partition effected between the co-owners, the land purchased by the Society had fallen to the share of Sh. Shankar Singh, whereas the adjoining land comprised in Khasra Nos. Khasra No. 358/2, 359/1, 360/2, 361/2, 364/2 and 366/1 total measuring 2553squaremeters has fallen to the share of petitioner.

6. The grievance of the petitioner is that the Society has been raising the construction on the land in utter violation of the provisions of the Act, Rules and IDP. As per petitioner, though respondents No. 1 and 5 have sanctioned the proposed construction plan of the Society but the same is also in violation of statutory provisions. The specific case of petitioner is that though there is no provision for relaxation in the Act, Rules or IDP to allow construction of additional stories and to exempt in maintenance of the requisite setbacks, yet respondents No. 1 and 5 have proceeded to sanction the proposed construction plan of the Society by granting the relaxations de-hors the provisions of Act, Rules and IDP. Petitioner has alleged that during the course of raising construction, the Society has thrown huge debris and boulderson the adjoining land and has thereby caused destruction and damage to the substantial portion of land of petitioner. Petitioner further alleged that the cuttings of the hills were being done by the Society in excess of the required parameters. The forest wealth was also subjected to destruction.

7. Respondents No. 1 to 5 have contested the petition by filing a join