1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.318 of 2021 Date of Decision : 13.08.2025 Mukesh Malhotra …… Petitioner Versus Municipal Corporation ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioner : Mr. Deepak Gupta, Advocate. For the respondent : Mr. Mukul Sood, Advocate. Bipin Chander Negi, Judge (oral) The present petition has been preferred against the impugned order dated 04.12.2021, whereby an application for cross-examining the witnesses of the complainant and for leading evidence on behalf of the petitioner, has been rejected. 2. Heard learned counsel for the parties. Perused the impugned order, pleadings and documents appended along with present petition. 3. The proceedings wherein the impugned order has been passed have been initiated under Section 253 of the Himachal Pradesh Municipal Corporation Act, 1994. The proceedings commenced on 26.08.2016. On the said date, a show cause notice had been issued by the concerned Commissioner, Municipal Corporation, Shimla to the present petitioner. The 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 main allegation in the show cause notice was that the construction in question raised by the petitioner was without sanction. To the same, a detailed reply was filed by the present petitioner. In the proceedings, a status report was submitted by the concerned Junior Engineer on 18.04.2019. In the said backdrop, an application to cross examine the witness (Junior Engineer who submitted the status report) and lead evidence on behalf of the petitioner, was filed. The same had been dismissed vide impugned order dated 04.12.2021. 4. Section 253 of the Himachal Pradesh Municipal Corporation Act deals with the issue of demolition in cases wherein unauthorized constructions, in the absence of any sanction by the Municipal Corporation, Shimla, have been raised. The proviso to the said Section makes it clear that no order of demolition shall be made without affording a reasonable opportunity of showing cause to the person against whom the action is initiated. 5. From the tone and tenor of the reply filed to the show cause notice dated 26.08.2016 by the petitioner all that has to be shown by the petitioner is that the Municipal Corporation Act, 1994 would not have any applicability to the alleged unauthorized construction, in the case at hand. Therefore, in view of the aforesaid the petitioner was not required to have any sanction from the Municipal Corporation, Shimla. 6. In view of the above, present petition is disposed of in the below mentioned terms. The proceedings initiated against the present petitioner in terms of show cause notice dated 26.08.2016, shall be taken to its logical end by affording reasonable opportunity to the petitioner to show 3 cause as to why an order of demolition be not passed in the case at hand. The proceedings with respect to the alleged unauthorized construction raised by the petitioner in the case at hand shall positively be concluded within six months from 23.08.2025. The status report submitted by the Junior Engineer dated 18.04.2019 shall be considered in the light of objections raised against the same by the petitioner. The impugned order dated 04.12.2021 calls for no interference. 7. The parties are directed to appear before the Commissioner, Municipal Corporation, Shimla on 23.08.2025. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) August 13, 2025 (KS) Judge