IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

CWP No. 10 of 2026

Decided on : 02.01.2026

Sh. Kamaljeet and another

…Petitioners

Versus

Municipal Corporation, Shimla and others

…Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge

Whether approved for reporting?

For the petitioners : Mr. Ankush Dass Sood, Senior

Advocate, with Mr. Ankit Dhiman,

Advocate.

For the respondents : Mr. Mukul Sood, Advocate, for

respondent No.1.

Mr. Rajat Chauhan, Assistant Advocate General, for

respondents No.2 to 4.

Ajay Mohan Goel, Judge (Oral

H By way of this writ petition, the petitioners have,

inter alia, prayed for the following reliefs:-

“i. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned decision/action of the respondent-Municipal Corporation, Shimla whereby it has decided/attempted to

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

demolish one Gau Sadan and three Pashu Padavs at Boileauganj, Shimla-171005, without issuance or supply of any written order, notice or hearing;

ii. Issue a writ of Mandamus directing the respondents not to demolish, dismantle or in any manner interfere with the existing Gau S adan and three Pashu Padavs at Boileauganj, and further restraining them from removing or displacing the cows/cattle housed therein, except in accordatnce with law and after due compliance of constitutional and statutory requirements;

iii. Direct the respondents to produce the complete record/file relating to the decision to demolish the Gau Sadan and Pash Padavs and to construct residential quarters for municipal staff on the said land, including resolutions, approvals, sanctioned plans, tenders, noting sheets and any environmental or statutory clearances;

i iv. Declare that the land and structures comprising the Gau Sadan and Pashu Padavs at Boileauganj are public utility facilities held in public trust for cattle welfare and cannot be diverted for residential or any other purpose without due process of law and without prior leave/clarification of this Hon'ble Court;

v. In the alternative, if relocation is at all considered unavoidable, direct the respondents to ensure that rehabilitation and relocation of the Gau Sadan and Pashu Padavs is carried out first, within the same or nearby vicinity, with proper infrastructure, veterinary care, fodder and water facilities, and only thereafter take any further action, strictly in accordance with law;

vi. Issue appropriate directions for protection and welfare of cows and cattle, including maintenance of proper shelter, fotdder, water and veterinary facilities at the existing site till final adjudication of the matter;

vii. Direct the respondent-Municipal Corporation, Shimla to consider and decide the objections/representations submitted by the petitioners and other stakeholders, as contained in Annexure P-7 (Colly.), by passing a reasoned and speaking order within a time-bound period, after affording an opportunity of i hearing to the petitioners and concerned Gram Panchayats, and till such decision is taken, restrain the respondents from taking any coercive or demolition action in respect of the Gau Sadan and Pashu Padavs at Boileauganj, Shimla-171005.”

2. Learned Senior Counsel for the petitioners submitted that there exists a Gau Sadan and three Pashu Padavs at Boileauganj, over the land in possession of the Municipal Corporation, Shimla and for the purpose of the construction of the residences for the employees of the Municipal Corporation, the Corporation is demolishing the same and accordingly, a mandamus is being prayed that the Corporation be directed not to dismantle the Gau Sadan and Pashu Padavs and interfere with the activities being carried out by the petitioners.

3. On thue other hand, learned counsel for the respondent-Coorporation has apprised the Court that there are presenCtly 8-10 cows in the Gau Sadan, which are being reallocated to Sunni, where there is ample space and place for the proper reallocation