Himachal Pradesh High Court
Vipan Kumar vs . State Of Himachal Pradesh & on 28 January, 2025
Vipan Kumar vs. State of Himachal Pradesh &
Ors.
CWP No. 1585 of 2025
28.01.2025 Present: Mr. Shubham Singh Guleria, Advocate vice
Mr. Vikrant Thakur, Advocate, for the
petitioner.
Mr. Manoj Chauhan, Additional Advocate
General, for the respondents No. 1 to 3, 6 and
7-State.
CWP No. 1585 of 2025
Mr. Manoj Chauhan, learned Additional
Advocate General, appears and waives service of notice on
behalf of respondents No. 1 to 3, 6 & 7/State. He prays for
and is granted four weeks time to file reply/instructions.
Issue notice to respondents No. 4 & 5
returnable within four weeks, on taking steps within three
days.
CMP No. 1870 of 2025
Heard.
The grievance of the petitioner is that the
Director of Town and Country Planning has written to
HPSEBL and Jal Shakti Vibhag to disconnect the water
connection to the unauthorized floor.
Section 83A of the Town and Country Planning
Act provides that the service providing authorities shall
disconnect service connection forthwith of the building in
case of deviation from the approved plan or unauthorized
construction being brought to their notice.
As per para 6 of the writ petition, the petitioner
in the past had constructed a temporary iron structured
balcony on the flat. Therefore, the fact that the
construction has been raised is undisputed. There is
nothing on record to show that the structure was
constructed after obtaining permission, hence prima facie
Section 83A of the Act will apply to the present case, and,
no interim relief can be granted at this stage.
Reply as prayed, be filed within one week.
(Rakesh Kainthla)
Vacation Judge
28th January,2025
(Nikita)
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