IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 12273/2026 Decided on: 22.07.2026 Anita Thakur & Ors. …..Petitioners Versus State of H.P. & Ors. .....Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 . For the petitioners: Mr. Deepak Gupta, Sr. Advocate with Ms. Meera Devi, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General, for respondents No.1 & 2. Ms. Oshin Anand Chauhan, Advocate for respondent No.3. Jyotsna Rewal Dua, J. The petitioners seek direction to the respondents to refrain from establishing a hospital over the land and building comprised in Khasra Nos. 259 to 266, measuring 724.25 sq. metres, situated at Mohal Bagog in Tehsil and District Shimla. The building currently existing on the aforesaid land is stated to be a residential structure, lying adjacent to the land comprised in Khasra Nos. 265/1, 268 and 269, measuring 389.97 sq. metres. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. The petitioners have raised various objections to the establishment of the hospital over the land in question. It is, inter alia, averred that the hospital is proposed to be set up in and around residential area, which would cause inconvenience to the residents. It is further asserted that a Dev Sthan is situated adjacent to the proposed hospital site. Learned Senior Counsel for the petitioners submitted that the petitioners had sent a legal notice dated 03.06.2026 (Annexure P-5) to respondents No.1 & 2, which was not responded to by the said respondents. This was followed by a representation (Annexure P-6), not only by the petitioners but also by several other residents of the area. The said representation was also not heeded to. Learned Senior Counsel for the petitioners further submitted that the hospital in question is proposed to be set up in violation of the applicable Building Laws. Reliance, in this regard, was also placed upon Loganathan Vs. State of Tamil Nadu & Ors2. 3. Looking to the grievance of the petitioners, it is deemed appropriate to dispose of this writ petition by reserving liberty to the petitioners to file a comprehensive representation to respondent No.3- Municipal Corporation, Shimla, within one week from today. Since the issue raised in the writ petition regarding the establishment of a hospital in a residential area pertains to two administrative departments, viz. 2 2026 LiveLaw (SC) 325 3 Health, [the complaint/representation (Annexure P-6) already preferred by the petitioners to respondents No.1 & 2, along with the legal notice (Annexure P-5),] and the Municipal Corporation Shimla (representation intended to be filed by the petitioners before respondent No.3 within one week), the aforesaid representations/notices etc. of the petitioners shall be examined, in accordance with law, by the aforesaid respondents, i.e. Secretary (Health) to the Government of H.P., Chief Medical Officer, Shimla, and Commissioner, Municipal Corporation, Shimla, in a joint meeting to be chaired by the Secretary (Health) within four weeks from today. The decision so taken in the meeting shall also be communicated to the petitioners. With above directions, the instant petition to stand disposed of. Pending application(s), if any, also stand disposed of accordingly. Jyotsna Rewal Dua Judge 22nd July, 2026 (rohit)