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Judgment
Anoop Chitkara, J
Seeking quashing of orders dated 14.2.2019, Annexure P-5, passed by Commissioner, Municipal Corporation, Dharamshala, second respondent, and
dated 9.1.2020, Annexure P-8, passed by Assistant Engineer, HPSEBL, third respondent, whereby the second respondent had withdrawn the NOC of
first and second floor of the building constructed over khasra No.2574, and acting on the same, the Assistant Engineer had disconnected the electricity
and water connection, the petitioner, has come up before this Court.
We have heard Mr. Adarsh K. Vashisht, Advocate for the petitioner, Mr. Ashok Sharma, learned Advocate General assisted by Ms. Rita
Goswami, learned Additional Advocate General for respondent No.1. and Mr. Amit Singh Chandel, Advocate for respondent No.2.
In the response filed by the Commissioner, Municipal Corporation, Dharamshala, second respondent, it is submitted that the petitioner did not furnish
the requisite information in response to the earlier notices issued by the said respondent, leading to the impugned order Annexure P-5 dated 14.2.2019.
It is further submitted that the petitioner is using the electricity installed for the authorized portion to the unauthorized portion.
Learned counsel for the petitioner has emphatically denied all these allegations. In response to the allegations of non-furnishing of requisite
documents, learned counsel for the petitioner, submits that the petitioner would be satisfied, if he is permitted to furnish all such documents and the
second and third respondents may consider such additional documents because the electricity and water connection, which have been disconnected
pursuant to the order dated 14.2.2019, Annexure P-5 was in the authorized portion of the building constructed by his father way back in 1970.
In this petition, there is a disputed question of fact about the portion of the building constructed in the year 1970, which was authorized and
subsequently unauthorized construction.
Given above, we accede to the request of the petitioner and permit him to file detailed response to the second respondent, Commissioner, Municipal
Corporation Dharamshala, who, within a week of its receipt, shall decide the same. It is further clarified that the portion, which are authorized, the
disconnection of electricity and water supply shall be resumed immediately after such fact finding by second respondent. Since the matter involves
essential services therefore, although we have given one week time to the second respondent to decide the same, yet we hope that the second
respondent shall decide the same as early as possible.
With the aforesaid observations, the writ petition is closed. The petitioner is at liberty to seek redressal of his grievances, if any, at an appropriate
forum. Pending application(s), if any, also stands disposed of.