IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3077 of 2023 Date of Decision: 22.11.2024 _______________________________________________________ Madan Lal Choudhary & others …….Petitioners Versus Himachal Pradesh Housing & Urban Development Authority & others … Respondents _______________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

1 Whether approved for reporting? Yes For the Petitioners: Mr. Anshul Bansal, Senior Advocate with Mr.

Anshul Attri, Advocate.

For the Respondents: Mr. Jeevesh Sharma, Advocate vice Mr.

R.L.Sharma, Advocate, for respondent Nos.

1 to 3.

Mr. K.D.Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for respondent No.4. Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for respondent No.5.

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Sandeep Sharma, Judge(oral):

By way of instant petition filed under Article 226 of the Constitution of India, petitioners have prayed for following main reliefs:-

“(i) That the Lease Deed dated 29^th November 2022(Annexure P-2) may kindly be declared as void-ab-initio and resultantly be quashed and set aside;

1Whether the reporters of the local papers may be allowed to see the judgment?

(ii) That respondent No.4 may kindly be directed to restore the additional land measuring 899.97 sq. mtrs, neat Plot No.46, Sector 1-A, Parwanoo, District Solan (H.P.) to its original position at his risk and cost;

(iii) That the entire vacant land between the road of Sector

1-A at Parwanoo and old NH-22(Kalka-Shimla Highway, now State Highway) may kindly be ordered to be declared as a green land/open space vested in and maintained by the Municipal Corporation, Parwanoo in terms of Section 23(2) of the Himachal Pradesh Housing and Urban Development Authority Act, 2004”.

2. Precisely, the grouse of the petitioners as has been highlighted in the petition and further canvassed by Mr. Anshul Bansal, learned Senior Advocate, duly assisted by Mr. Anshul Attri, Advocate, representing the petitioners, is that respondent-HIMUDA in violation of the provisions of Himachal Pradesh Housing & Urban Development Authority Act, 2004 and Rules, Regulations and Bye- Laws framed there under as well as Revised Development Plan, unlawfully and illegally sold the land to respondent No.4 under New Policy for allotment of land/additional land in Colonies of HIMUDA (Annexure R-1).

3. Pursuant to the notices issued in the instant proceedings, respondents have filed reply, thereby attempt has been made to justify the action of the respondent-HIMUDA inasmuch as allotment of land belonging to HIMUDA in favour of respondent No.4. Careful perusal of communication dated 04.04.2022 (Annexure R-3), clearly reveals that in terms of revised policy, as detailed hereinabove, respondent-HIMUDA, besides making allotment of surplus land in favour of respondent No.4, also made similar allotments in favour of several persons, as detailed in afore communication. Since during the proceedings of the case, this Court was unable to lay its hand to the public notice, if any, issued by HIMUDA prior to selling/leasing out surplus/additional land, if any, in Sector 1-A, Parwanoo, it specifically called upon Mr. Jeevesh Sharma, learned counsel representing respondent-HIMUDA vide order dated 12.11.2024 to have instructions to the effect that “ Whether any public notice was issued for allotment of unused/surplus land, if any, in residential Sector 1A, Parwanoo, before making allotment in favour of private respondent No.4.” Pursuant to aforesaid direction, above named counsel has placed on record communication dated 22.11.2024, issued under the signatures of Administrative Officer, HIMUDA, Shimla, which reads as under:-

“ In compliance to the Hon’ble High Court order dated 12.11.2024 in the Court case titled CWP No.3077 of 2023, court case titled Madan Lal Choudhary and others vs. HIMUDA and others, it is intimated that no public notice was issued for allotment of unused/surplus la