In Re: CWPIL No. 4 of 2013

Keeping in view the facts of the case, we deem it proper to array Principal Secretary (Urban Development), to the Government of H.P. and the Mayor, Municipal Corporation, Shimla as party respondents in the petition and they shall figure as respondents No. 7 and 8, respectively. Registry to make necessary correction in the cause title.

Issue notice to respondents No. 7 and 8. Mr. Romesh Verma, learned Additional Advocate General and Mr. Hamender Chandel, Advocate, waive notice for the said respondents.

Respondent No. 2 has so far failed to comply with the Court directions, constraining this Court to pass orders from time to time and vide order, dated 26th March, 2014, the Municipal Corporation was allowed to collect the dues for the financial years 2011-12, 2012-13 and 2013-14 on the old pattern in terms of the order made by this Court on 29th April, 2013, read with the order dated 26th March, 2014.

Keeping in view the sensitivity of the matter, we deem it proper to direct respondent No. 2, in the capacity of Secretary, and respondent No. 8-Mayor to convene the General House of the Municipal Corporation within one week from today and take all steps required under law to frame draft bye-laws in terms of the order dated 29th April, 2013 and to forward the draft bye-laws to the State within the same period. Respondent No. 1 is commanded to do the needful, as warranted under law, within two weeks from the receipt of the draft bye-laws, in terms of order dated 29th April, 2013 passed by this Court.

On the previous date of hearing, it was submitted by the learned counsel for respondent No. 2 that the Corporation has made recoveries in some cases and in some cases, recovery certificates were sent to the Tehsildar (Recovery) through District Collector, Shimla. Since the recoveries were not being effected expeditiously and with full force, therefore, in terms of order, dated 3rd July, 2014, the District Collector and the Tehsildar (Recovery) were directed to file affidavits, which they have filed.

The Tehsildar (Recovery) has stated in his affidavit that no such recovery certificates were received by him for effecting recovery, from the Municipal Corporation, Shimla through the office of the District Collector, Shimla.

The District Collector has also filed the compliance affidavit, in which he has stated that all the recovery cases have been returned to the Commissioner, Municipal Corporation, Shimla since, as per the Government Notification, dated 5.5.2012, (Annexure R-1 appended with the affidavit), the Joint/Assistant Commissioner, Municipal Corporation, Shimla have been conferred with the power of "Collector" in terms of Section 28 of the H.P. Land Revenue Act for the purpose of recovery of the dues as arrears of land revenue, with immediate effect. Meaning thereby, the Joint/Assistant Commissioner, Municipal Corporation, Shimla has to perform the job of Collector in terms of Section 28 of the H.P. Land Revenue Act.

In the given circumstances, we direct the Assistant Commissioner, Municipal Corporation, Shimla to do the needful for effecting recoveries of the dues.

At this stage, learned counsel for the Corporation submits that since the Corporation does not have any revenue experts available, therefore, it cannot effectively make the recoveries. In this backdrop, we deem it proper to direct respondent No. 1 to forthwith post some revenue experts in the office of respondent No. 2, so that the Assistant Commissioner, Municipal Corporation, Shimla is in a position to effectively make the recoveries. Till that arrangement is made, we direct the Assistant Commissioner, Municipal Corporation, Shimla to pass the orders for effecting recovery, as per the provisions of law, and send the same for execution to the Tehsildar (Recovery), Shimla. The Tehsildar (Recovery) i.e. respondent No. 6 is directed to do the needful and report compliance by or before the next date of hearing.

Respondent No. 2-Commissioner, Municipal Corporation, Shimla is directed to file affidavit, furnishing the details of all the defaulters who have not paid the dues till date, by or before the next date of hearing.

Mr. B.S. Attri, learned counsel for respondent No. 4 stated that he has laid a motion before the Registry commanding respondent No. 2 to withdraw the certificates of recovery made against the Wakf Board in view of the notification, dated 4th November, 1992, annexed as Annexure A-1 with CMP No. 98 of 2014. The application is disposed of with the direction to respondent No. 2 to examine the prayer of the Wakf Board in view of the notification supra and pass appropriate orders before the next date of hearing.

List on 14th August, 2014.