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2023 Supreme(HP) 48

SATYEN VAIDYA
Baldev Singh Attri – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B. S. Chauhan, Sr. Advocate with Mr. Ashish Verma, Advocate.
For the Respondent:Mr. Desh Raj Thakur, Addl. A.G., Mr. Anil Chauhan, Advocate, Mr. Maan Singh, Advocate, Mr. V. S. Chauhan, Sr. Advocate with Mr. Ajay Kashyap, Advocate

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 w

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