IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.17051 of 2025 Decided on 05th December 2025 Rajesh Kumar Sood …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Rahul Mahajan, Advocate. For the respondents: Mr. R.P. Singh, Deputy Advocate General, for respondent No.1 to 5- State. Mr. Ajay Chauhan, Advocate, for respondent No.6. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following reliefs:- (a) “To direct the respondents to issue High Flood Level (HFL) Certificate/NOC in favour of the petitioner in respect ofland comprised in Khata/Khatauni No.263/240 min, 375/354 min comprised in Khasra No.1986/1718/1442 measuring 03.00.15 bighas situated at Mohal Shamshi, Tehsild Bhuntar, District Kullu, HP. (b) After issuance of High Flood Level (HFL) Certificate/NOC, the respondents should be directed to sanction the plan of the petitioner expeditiously which had been submitted before the competent authorities.” 2 2. Today, learned Deputy Advocate General has handed over instructions received from Town & Country Planner, Divisional Town Planning Office, Kullu, District Kullu, H.P., which reads as under:- “With reference to the subject cited above, it is submitted that the said area falls under the jurisdiction of Nagar Panchayat Bhuntar and as per Govt. Notification No.TCP-A(2)-2/2016, dated 06.06.2016 the power of the Director under various sections of the Himachal Pradesh Town and Country Planning Act, 1977 (Act No.12 of 1977) has already been delegated to Secretary, Nagar Panchayat, Bhuntar (copy enclosed as R- 1). Therefore, the reply filed by the Secretary Nagar Panchayat Bhuntar may be considered on behalf of undersigned.” Town & Country Planner, Divisional Town Planning Office, Kullu, District Kullu, H.P. 3. In the light of these instructions, this petition is disposed of with the direction that be it Town & Country Planner, Divisional Town Planning Office, Kullu, District Kullu, H.P., or Nagar Panchayat Bhuntar, necessary decision on the issuance of the certificate which is being sought for by the petitioner be taken by the authorities on or before 19.12.2025, failing which, the authority which has to grant permission to the 3 petitioner to carry out the construction work shall not insist upon the submission of the High Flood Level Certificate. This observation is being made by the Court for the reason that in the present case, till date, there is no consensus amongst the respondents, as to who actually has to issue the High Flood Level Certificate. 4. Pending miscellaneous applications, if any, stand disposed of. (Ajay Mohan Goel) Judge December 05, 2025 (Vinod)