High CourtsDivision Bench(2021) 03 SHI CK 0031

M/s Swarna Ventures Pvt. Ltd. vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 4 March 2021

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1316 Of 2021

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Judgment

16 paragraphs · 312 words

L. Narayana Swamy, CJ

1.

Learned Senior Counsel appearing for the petitioner submits that the petitioner has taken permission on 11.10.2017 under Section 118 of the

Himachal Pradesh Land Tenancy and Land Reforms Act, 1972, (for short, “the Actâ€). Pursuant to the grant of permission, the petitioner has

purchased the land in question on 27.12.2017 by spending a huge amount for the purpose of constructing residential buildings, hotels etc. In compliance

to Section 118 of the Act, the petitioner could not complete the work due to National Green Tribunal Order, Covid-19 pandemic and attachment orders

have been passed by the competent Authority. It is further submitted that plans could not be finalized and by this time the permission granted under

Section 118 of the Act has elapsed. Hence, the petitioner made representations dated 30.09.2019 (Annexure P-8) and 29.01.2021 (Annexure P-15)

for the purpose of granting extension of permission to be granted under Section 118 of the Act, but the said representations have not been decided till

date. It is further submitted that pursuant to the permission granted under Section 118 of the Act, the petitioner has invested huge amount and if the

representations are not considered it will cause hardship to the petitioner. Hence, it is prayed that respondents be directed to consider the

representations of the petitioner and pass appropriate order.

2.

On the other hand, learned Additional Advocate General submits that in case the representations filed by the petitioner are still pending, the same

shall be considered and decided in accordance with the provisions of Section 118 of the Act.

3.

Under these circumstances, we dispose of the present writ petition with a direction to the respondents to consider the representations dated

30.09.2019 (Annexure P-8) and 29.01.2021 (Annexure P-15) and pass appropriate orders within a period of eight weeks from today.

4.

Pending application(s), if any, also stand(s) disposed of.