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High CourtsDivision Bench(2021) 04 SHI CK 0031

Court On Its Own Motion vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 6 April 2021

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
CWPIL No. 4 Of 2019

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Judgment

6 paragraphs · 367 words

L. Narayana Swamy, CJ

1.

Respondent No.3 was allotted scheduled site for 99 years on lease hold basis @ Rs.4824/- per annum for running an Eye Hospital subject to some conditions. Having violated such conditions, that means to say, the aforesaid site was not used for the purpose for which it was allotted to the said respondent.

2.

On 12th April, 2019, a show cause notice was issued to respondent No.3 directing it to show cause as to why the allotment shall not be cancelled and lease deed terminated at the risk and cost of the lessee. Reply was to be filed on or before 20th April, 2019. But no action has been taken despite this PIL having been registered in the year 2019.

3.

Today, when the matter was further heard, learned counsel for respondent No.3 submits that on the show cause notice dated 12th April, 2019, no action has been taken and it is for the HIMUDA to take action. Before taking any action, the respondents are to be heard. Learned counsel for the respective parties submit that the show cause notice dated 12th April, 2019 is to be decided as per provisions and also on the conditions stipulated in the agreement.

4.

In the light of the submissions, we have gone through the legal notice dated 12th April, 2019. We find that the respondent being allottee has violated the conditions stipulated in the lease deed. When such being the case, the HIMUDA has rightly issued legal notice, but no action has been taken thereon so far. It is surprising that when an action is initiated as per law, it should have been reached to its logical end, within the time stipulated, or within a reasonable time. But so far, noting has been done.

5.

Under these circumstances, we dispose of this petition by directing the HIMUDA to proceed further with the notice dated 12th April, 2019. Since the time granted for reply to the respondent/allottee has been expired, he is further granted four weeks' time to file reply from today. The HIMUDA is directed to take action in accordance with law within three months thereafter. Pending application(s), if any, shall also stand disposed of.