High Court Reserves Judgment on Demolition Order Amid Property Dispute
In a legal tussle echoing through the corridors of the Himachal Pradesh High Court, the reserved order on a demolition directive was issued by a single bench on May 6, 2024.
The petition, lodged by two individuals accused one Vishal Sharma into the spotlight as he vehemently denies any involvement in the contested construction.
Division Bench led by Chief Justice MS Ramachandran Rao and Justice Jyotsna Rawal Dua reserved its judgment on a “letter latent petition” filed by the aggrieved Sharma.
Senior counsel Sarwan Dogra, representing Sharma, argued vehemently before the bench, contending that the demolition order was issued without allowing Sharma to present his case.
Mr. Dogra underscored the lack of due process, emphasizing that the court’s decision encroached upon a property belonging to the Brahmo Samaj, founded by the eminent social reformer Rajaram Mohan Roy, without considering Sharma’s defense.
The crux of Sharma’s contention lies in the ongoing litigation about the property’s ownership, currently before a civil court.
Mr. Sharma asserts that the complaint lacks standing in the property dispute and is baseless against him, particularly in light of a recent Supreme Court order restraining interference in matters unrelated to the complainants.
However Division bench indicated that it would not pass any order to restrain the Shimla MC raging unauthorised property on the said premises stating that the court couldn’t intervene in the domain of the civic body.
The bench said that since the petitioner claimed before the court that he didn’t indulge in any illegal construction therefore court may come to his rescue if necessary while disposing of the matter.
