Supreme Court of India · 2008-03-28
MUNICIPAL CORPN., SHIMLA vs GOPAL MOHAN AGGARWAL .
- Citation / case number
- SC 2005/21179
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPN., SHIMLA
- Respondent
- GOPAL MOHAN AGGARWAL .
Judgment text excerpt
The Supreme Court held that the deemed sanction of building plans under Section 247 of the Himachal Pradesh Municipal Corporation Act applies irrespective of whether the construction is in a heritage zone. The Court found that Bye-law 9.1 was ultra vires Section 395 of the 1994 Act, as it imposed additional notice requirements not supported by the statute. The Court set aside the High Court's order and directed it to expedite the hearing of the writ petition, allowing the appeals accordingly.