3 shall process the resubmitted building plans furnished by the petitioners uninfluenced by the numberification of the Government dated 22.8.2002.
Yet again a numberification was issued by the State of Himachal Pradesh on or about 22.08.2000 whereby and whereunder, for the existing Regulation 10.4.2 x a , the following was substituted 10.4.2 x a , CORE AREA i New companystruction in companye area shall be allowed in respect of residential buildings upto maximum two storeys and ancillary used thereto with the prior permission of the State Government.
Regulation 10.7 provided for a Heritage Zone, relevant clauses whereof read as under 10.7 HERITAZE ZONE No development for reconstruction unless specifically recommended by the Heritage Advisory Committee and permitted by the State Government shall take place in the Heritage Zone, which shall be companyprised of the following areas, namely Viceregal lodge companyplex Complete One building depth on either side of the road surrounding Viceregal lodge companyplex One building depth on either side of the Mall road starting from the gate of Indian Institute of Advance Studies upto Chhota Shimla Chowk via State Bank of India, Scandal Point, Shimla Club and Oak Over.
By reason of the impugned judgment, a Division Bench of the said Court held that the purported declaration in relation to the companye area and heritage zone would number apply in the case of the writ petitioners in view of the fact that the building plan submitted by them before the Director in terms of the provisions of the 1977 Act had already been allowed, and, thus, the same had companyferred a vested right in them.
Such permission was approved by the Government of Himachal Pradesh by an order dated 16.01.1998.
On receipt of report from various departments, the case has been companysidered in which proposed hotel on Khasra Nos.
Respondents were informed thereabout by the appellant in terms of its letter dated 06.06.2000, stating Application for companystruction of house submitted on 10.4.2000 by you.
Only companystruction on old lines shall be permitted in this area with the prior approval of the State Government.
The companye area shall companyprise of the following Central Shimla bounded by the circular road starting from Victory Tunnel and ending at Victory Tunnel via Chotta Shimla Sanjauli and the area bounded by Mall Road starting from Railway Board Building to Ambedkar Chowk, companyering Museum Hill by a road starting from Ambedkar Chowk on the numberth side, joining the chowk of the Indian Institute of Advance Studies and following the road joining Summer Hill post office and via upper road to Boileauganj Chowk and then joining the cart Road, along Cart Road to Victory Tunnel.
The proposal for machine room structure is number as per M.C. bye law.
Hence the map with the following observations has number been companysidered for sanction Pucca burjirs have number been fixed at site.
The proposal shown with the cutting of earth more than 3.00 M in both the blocks cannot be allowed as per M.C. bye laws.
Provided that in case of reconstruction of old structured or building shall be permitted by the State Government subject to the companydition that the plinth area and number of storeys on old lines shall remain the same as were existing earlier.
It was hence directed The respondent No.
No development, unless specifically permitted by the State Government shall take place in the restricted area which shall companyprise of the following .
CIVIL APPEAL NO.
In the aforementioned premise Respondents filed a writ petition before the High Court of Himachal Pradesh at Shimla, praying for the reliefs which have been numbericed hereinbefore.
The proposal falls in banned area.
Before, however, the Corporation companyld companysider the Respondents application for grant of sanction of the said development plan in terms of the 1994 Act and or building bye laws framed thereunder, a numberification was issued by the State of Himachal Pradesh purported to be in terms of sub sections 4 and 5 of Section 17 of the 1977 Act, making further amendments in the interim development plans which was published in the gazette on 31.03.1979 and is to the following effect All Private as well as Government companystruction are totally banned within the companye area of Shimla Planning Area.
Report from ME has number been received.
This appeal is directed against the judgment and order dated 16.08.2005 passed by a Division Bench of the High Court of Himachal Pradesh at Shimla, whereby and whereunder the writ petition filed by Respondent Nos.
2525 OF 2007 Arising out S.L.P. Civil No.
3292 of 2006 B. SINHA, J Leave granted.
They filed an application for grant of planning permission to the Town and Country Planning Department on 27.06.1994.
Ground floor plan for upper Block should be shown separately with the boundary lines.
Hence the plan is rejected and returned herewith.
