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Judgment
This application for directions has been filed alleging illegalities in the Draft Development Plan, 2041 for Shimla Planning Area by Town and Country Planning Department, Government of Himachal Pradesh. It is inter-alia stated that the said plan is in conflict with the order of this Tribunal dated 16.11.2017 in OA No. 121/2014, Yogendra Mohan Sengupta v. Union of India & Ors.
We are of the view that any challenge to draft plan cannot be by way of an application in a decided matter. Identical application being M.A. No. 91/2021, M.A. No. 92/2021 & M.A. No. 93/2021 in OA No. 121/2014 Yogendra Mohan Sengupta v. Union of India & Ors. were earlier dismissed on the same ground by order dated 03.12.2021 as follows:
“These applications have been filed to challenge a project as being in violation of directions of this Tribunal in order dated 16.11.2017 in O.A No. 121/2014, Yogendra Mohan Sengupta v. Union of India & Ors., prohibiting and regulating certain constructions in core areas of Shimla.
We have heard learned counsel for the applicant.
We are of the view that such an application in a decided matter is not maintainable and is dismissed without prejudice to the appropriate remedies of the applicant in accordance with law.”
In view of above, this application can also not be entertained and will stand disposed of accordingly.