Himachal Pradesh High Court Directs Municipal Corporation to Restore Shop Space to Petitioner

Court Orders Re-allotment of 145.90 Sq. Ft. Under Smart City Mission, Subject to Legal Undertaking

In a significant ruling, the Himachal Pradesh High Court has directed the Municipal Corporation to restore possession of a shop space measuring 145.90 square feet to petitioner Sh. Ram Lal Sharma. The decision comes in response to a writ petition challenging the Corporation's allocation under the Smart City Mission, which initially offered a smaller area than previously occupied by Sharma.

Presiding over the case, Justice Ajay Mohan Goel addressed the petitioner's grievance regarding the reduced shop area, which was insufficient for his medicine shop and blood testing laboratory. Despite the Municipal Corporation's claim that Sharma was an unauthorized occupant of the original 160 square feet space, the Court acknowledged the petitioner's voluntary compliance in vacating the premises for redevelopment, on the assurance of equivalent re-allotment post-reconstruction.

The Court emphasized that although the petitioner's prior occupation was deemed unauthorized, the Municipal Corporation had an obligation to restore the same area post-redevelopment since the petitioner vacated the premises based on the Corporation's commitment. The judgment mandates that Sharma must submit an undertaking acknowledging the conditional nature of this re-allotment, pending ongoing legal proceedings regarding the legitimacy of his possession.

Furthermore, the Court clarified that this ruling does not adjudicate the petitioner's legal status over the property, leaving such determinations to the outcome of related legal disputes. The petitioner is required to file the necessary undertaking within two weeks, after which the Corporation must facilitate the handover within four weeks.

This decision underscores the importance of municipal accountability in redevelopment projects under government missions while balancing legal integrity concerning property rights.

Bottom Line:

Municipal Corporation is obligated to provide possession of reconstructed premises of at least the area previously occupied by the petitioner, subject to legal proceedings determining the legitimacy of possession.

Statutory provision(s): Himachal Pradesh Public Premises Act, 1971, Sections 5 and 7

Sh. Ram Lal Sharma v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2805747