IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1631 of 2010. Decided on: 11th May, 2010. Sunil Kumar. ….. Petitioner. Versus State of H.P. & another. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner : Mr. Surinder Sharma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for respondent No.1. Mr. Shrawan Dogra, Advocate, for respondent No.2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since his request for reconstruction has been turned down. The learned Standing counsel for the Municipal Corporation submits that the rejection has been done after due inspection by the Empowered Committee. According to the petitioner, no notice was ever given by the said Empowered Committee at the time of inspection. According to the petitioner, the premises were locked and there could not have been proper inspection without the presence of the petitioner. Still further, it is submitted that as per the Regulations in respect of the reconstruction in the core area, in case there is no 2 variation in the area of the existing building, there cannot be any objection in granting the permission for reconstruction. 2. According to the learned Standing Counsel, decision ultimately is to be taken by the Government since the construction is to be carried out in the core area and if any construction is to be done in the core area, permission is to be obtained from the Government only. 3. Having heard the learned counsel on both sides we are of the view that interest of justice would be met only if a direction is issued for fresh inspection. It is apparently clear that the inspection has been conducted when the premises were locked. Therefore, this writ petition is disposed of with the following directions: 4. The Empowered Committee will conduct the inspection on 26th May, 2010 between 11.00 AM to 2.00 PM. The petitioner shall be present at the time of inspection and the premises shall be kept open for inspection. After the inspection, as above, the report will be submitted to the Municipal Corporation and the Corporation will take further action, as required in the matter as per the procedure within another two weeks. 5. In order to facilitate the inspection, as above, we set aside Annexure P-J, order dated 23.3.2003 as conveyed to the petitioner on 27.3.2009. The petitioner will re-submit the entire documents with the Corporation within a week from today, as required under the procedure. It is made clear that inspection will be conducted by the Empowered Committee only with the assistance of technical persons. 3 The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 11th May, 2010 ( Justice R.B. Misra), (tr) Judge.