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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.

MUNICIPAL CORPN., SHIMLA vs GOPAL MOHAN AGGARWAL . · Niyam