Municipal Corpn., Shimla vs Gopal Mohan Aggarwal & Ors

The Supreme Court held that the deemed sanction of building plans under Section 247 of the Himachal Pradesh Municipal Corporation Act is not limited by the heritage zone regulations, as there is no provision in Section 395 that necessitates additional notice after deemed sanction. The Court found Bye-law 9.1 to be ultra vires Section 395, affirming that once deemed sanction is granted, the beneficiary has the right to construct subject to existing prohibitions. The Court set aside the High Court's order and directed expeditious hearing of the writ petition.