Himachal Pradesh High Court
CWP/1781/2019 on 10 March, 2021
Bench: Sandeep Sharma
CWP Nos. 1285 and 1781 of 2019
10.3.2021 Present: Mr. B.C. Negi, Senior Advocate with Mr. Sunil Mohan
Goel, Advocate, for the petitioner(s).
Mr. Sudhir Bhatnagar and Mr. Arvind Sharma,
.
Additional Advocates General with Mr. Kunal Thakur,
and Ms. Svaneel Jaswal, Deputy Advocates General,
for the State.
Mr. Malay Kaushal, Advocate, for respondent No.3.
Pursuant to order dated 2.3.2021, Mr. Sandeep Kumar,
Managing Director, HRTC, has come present in the court. While fairly
admitting factum with regard to passing of judgment dated
12.1.2021, passed by the Hon'ble Apex Court in Himachal Pradesh
Bus Stand Management and Development Authority ( HPBSM&DA ) v.
The Central Empowered Committee etc. and Ors, whereby State of
Himachal Pradesh and the petitioner-M/s Prashanti Surya
Construction Co. Pvt. Ltd., have been permitted to utilize the parking
space in Bus Stand Complex, Dharamshala, above named officer
submits that since certain formalities are yet to be completed by the
petitioner and deviations done in the project are beyond permissible
limits, matter is ultimately required to be placed before the State
Government for approval.
2. Otherwise also, perusal of communications dated
13.4.2007 (Annexure R-7) and 30.11.2014 (Annexure R-12) issued by
the Deputy Commissioner, Kangra at Dharamshala and General
Manager, HPCT & BSM&DA, Shimla reveal that relaxation with respect
to overall coverage, height of parking floors, height of building
blocks, setbacks with reference to zoning regulations for "other area"
alongwith change of land use from forest to Traffic and Transporation
and Commercial use is to be accorded by the competent authority.
3. Having taken note of the fact that building
constructed for parking on BOT basis is ready for use since 2009
coupled with the fact that Hon'ble Apex Court vide judgment dated
.
12.1.2021 (supra) has already permitted the State and petitioner to
use the same for parking purposes, this court deems it fit to direct the
Secretary, Town and Country Planning, Himachal Pradesh to look into
the matter, so that if required, matter is placed before the State
Government immediately without any further delay. Secretary, while
examining the case may also identify the issues, which remain to be
decided/sorted out in the case at hand so that property in question
is put to use at an early date and completion certificate is issued
enabling BSM&DA to move ahead as per the agreement. This court
hopes and trusts that necessary action in terms of instant order would
be taken by the Secretary, TCP, expeditiously, preferably within a
period of two weeks. Learned Additional Advocate General
undertakes to apprise the Secretary Town and Country Planning with
regard to passing of the instant order, enabling him/her to do the
needful within the stipulated period. Necessary affidavit of
compliance be filed in this court within a period of one week, after
expiry of two weeks.
List on 5.4.2021.
Auhtenticated copy to the State.
10th March, 2021 (Sandeep Sharma),
manjit Judge
