NEWS

MC Parking not operational despite Court order

Himachal Pradesh High Court today directed Municipal Corporation, Shimla to inform as to why the parking at Khalini has not  been made operational till date, despite Court orders and  as to when  the parking would be made operational. 
The Court also  directed the Labor Inspector, Shimla to appear before the Court on next date of hearing, i.e. 2nd July, 2021.
Justice Tarlok Singh Chauhan passed these orders on a contempt Petition filed by  Deepak Gupta, alleging non compliance or non-obeyance of the orders passed by the Court in the public interest matters.

The Court observed that vide order dated 3.1.2020, the Court had directed the Municipal authorities to make the parking at Khalini operational forthwith, for which tenders were already  invited for 15.1.2020, but till date the parking has not been made functional. 

The Court also issued show cause notice to two shopkeepers/ violators namely  Kamal and Ashok Kumar, to show cause as to why the proceedings under Contempt of Courts Act be not initiated against them for violation of Court orders. 
    The Court  also directed the police authorities to register cases against the aforesaid persons for obstructing the public servants.
During hearing of the petition, the  compliance affidavit was filed by the Additional Commissioner, Municipal Corporation, Shimla, stating that while removing  temporary counters made by the shopkeepers outside  their shops in Lower Bazar, by encroaching about three feet of  street,  two shopkeepers/ violators namely Kamal and Ashok Kumar abused the inspecting team . 
These violators  instigated other shopkeepers/hawkers also, for obstructing the entire process and blocked the movement of vehicles of inspecting team wherein articles confiscated by the inspecting staff were kept. It was stated in the affidavit that the inspecting staff asked  the shopkeepers to  remove the counters but  some of the  shopkeepers  did not respond to their request and  the inspecting staff was left with no option but to  confiscate the articles  put for sale towards the road outside the shops. 
    The Court observed that though the orders regarding removal of encroachment from Shimla town have been passed in the year 2015, yet, in case any person(s) is/are aggrieved by those directions, he should have approached the Court for redressal of the grievance instead of obstructing the lawful process being adopted by the officers of the Municipal Corporation.
The Court posted the matter of 2nd July, 2021.

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