Disposed

Chelsea Resorts Pvt. Ltd. v. State of Hp

Himachal Pradesh HC9 Aug 2017CWP/1805/2017

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a writ petition without adjudicating on merits. Since the petitioner's proceedings before the National Green Tribunal were closed, the court permitted the petitioner to approach authorities for approvals and ordered them to decide applications expeditiously within one month.

What did the court decide?

Petitioner permitted to approach authorities for approvals; authorities directed to consider applications within one month.

Chelsea Resorts Pvt. Ltd. Vs State of Hp — Property and Title | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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CWP No. 1805 of 2017

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Date of Decision: August 9, 2017

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Chelsea Resorts Pvt. Ltd. Kasauli …Petitioner Versus State of Himachal Pradesh & others …Respondents. Coram:

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The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹ No.

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For the Petitioner: Mr. Sanjeev Puri & Jyotsna Rewal Dua, Sr. Advocates, with Ms.Shalini Thakur, Advocate, for the petitioner.

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For the Respondent: Mr. Shrawan Dogra, Advocate General with M/s Romesh Verma, Anup Rattan, Additional Advocate Generals and Ramesh Thakur, Deputy Advocate General, for respondents No.1 and 2.

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Mr.Manish Sharma, Advocate, for respondent No.3.

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Mr. Ashok Sharma, ASGI with Mr.Ajay Chauhan, Advocate, for respondent No.4.

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Sanjay Karol, Acting Chief Justice (oral).

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After the matter was heard for some time,

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under instructions, learned Senior Counsel, submits that petitioner be permitted to approach the respondents-

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1 Whether reporters of the local papers may be allowed to see the judgment?

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authorities for processing the application for accord of approval & sanctions, in accordance with law of the existing structure.

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We are informed that subsequent to the passing of order dated 21.06.2017 by Hon’ble Supreme Court of India, in Civil Appeal No.8352 of 2017, titled as Chelsea Resorts Pvt. Ltd. Versus Society for Preservation of Kasauli and its Environs, the authorities have carried out demolition of the unauthorized portion of the structure, in terms of the directions issued by the National Green Tribunal.

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Without expressing any opinion, on merits of the matter as also maintainability of the petition, considering the fact that proceedings before the National Green Tribunal, with respect to the present petitioner are no longer pending, as we are so informed by the learned Senior Counsel, we dispose of the present petition, in the following terms:-

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(a) It shall be open for the petitioner to approach

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the respondents-authorities for seeking approvals, permissions & sanctions, in accordance with law;

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(b) Upon receipt of such applications, we are hopeful that the respondents-authorities shall consider and decide the same, strictly in accordance with law;

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(c) Such applications shall be considered and decided expeditiously and preferably within a period of one month from the date of receipt of application, complete in all respects.

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It stands clarified that we have not adjudicated the petition on merits.

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In view of the above, present petition stands disposed of, so also pending application(s), if any.

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Copy dasti.

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(Sanjay Karol), Acting Chief Justice.

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August 9, 2017

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(Purohit)

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(Sandeep Sharma), Judge.

Chelsea Resorts Pvt. Ltd. v. State of Hp

Case brief

What is this about?

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Chelsea Resorts Pvt. Ltd. v. State of Hp

Case brief

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