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Himachal Pradesh High Court · body

2025 DAILYLAW 4046 (HP)

Ghimo Devi v. State of H. P.

2025-12-09

Ajay Mohan Goel

body2025
JUDGMENT : AJAY MOHAN GOEL, J. 1. By way of this petition, the petitioner has, inter alia, prayed for the following relief: “1. That the impugned order dated 2.6.2017 may kindly be ordered to be quashed and set aside being void-ab-initio and illegal and issued in utter violation of the principles of natural justice.” 2. The grievance of the petitioner is with regard to the disconnection of the electricity and water connections pursuant to order dated 02.06.2017 (Annexure P-5). The water and electricity connections of the petitioner have been disconnected by the Electricity Board and the Irrigation and Public Health Department, to the Government of Himachal Pradesh, on the basis of the communication issued to the said Departments by Executive Officer, Municipal Council, Chamba, H.P. 3. Having heard learned Counsel for the petitioner as well as learned Senior Counsel for the HPSEB and learned Counsel for the other respondents, this Court is of the considered view that the impugned act of the respondents is not sustainable in the eyes of law. 4. Record demonstrates that a Notice was issued to the petitioner under Section 211 of the H.P. Municipal Act, 1994 on 30.12.2011, qua the unauthorized construction raised by him and this Notice culminated into order dated 28.08.2015 (Annexure P-3), passed by Executive Officer, Municipal Council, Chamba, H.P., in terms whereof, after holding the construction carried out by the petitioner to be illegal and unauthorized, directions were issued to the petitioner to demolish the same. Record further demonstrates that this order was challenged by the petitioner before the learned District Judge, Chamba, H.P., under Section 212 (1) of the Himachal Pradesh Municipal Act, 1994. In terms of judgment dated 18.03.2016 (Annexure P-4), learned District Judge set aside the orders passed by the Executive Officer, Chamba, H.P. and remanded the matter back to the Authority concerned for adjudication afresh. It has not been disputed before this Court that after the passing of said order by the learned District Judge, no final order has been passed by Municipal Council, Chamba, declaring the purported construction carried out by the petitioner to be unauthorized. 5. It has not been disputed before this Court that after the passing of said order by the learned District Judge, no final order has been passed by Municipal Council, Chamba, declaring the purported construction carried out by the petitioner to be unauthorized. 5. The contention of the learned Counsel for the Municipal Council, Chamba, that it stands mentioned in the fresh Show Cause Notice that unauthorized construction has been carried out by the petitioner and, therefore, the disconnection of electricity and water is justified, is liable to be rejected forthwith, for the reason that it are not the contents of the Notice which will determine as to whether the construction carried out by the petitioner is unauthorized or not, but the final order that may be passed by the Authority in the proceedings. 6. Therefore, obviously for want of any final verdict by the Authority concerned in terms of the H.P. Municipal Act, 1994 that the construction carried out by the petitioner is unauthorized, after the remand by learned District Judge, the disconnection of the electricity and water is not sustainable in the eyes of law. 7. In light of above observations, this petition is allowed and impugned order dated 02.06.2017 (Annexure P-5) is quashed and set aside. No further order for restoration of the said facilities are required to be passed in light of the fact that an interim protection was granted to the petitioner by this Court on 04.10.2017 itself. It goes without saying that the judgment which has been passed by this Court today is not a verdict in favour of the petitioner that the construction which has been carried out by him is authorized construction. All that this judgment hold is that disconnection of electricity and water cannot be ordered until and unless the issue of unauthorized construction carried out by the petitioner attains finality. 8. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly.