1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C.W.P (PIL) No. 6 of 2005 Date of decision: 04.12.2008 Suresh Kumar & others ..Petitioners Versus State of H.P. and others ..Respondents Coram The Hon’ble Mr. Justice R.B.Misra, Judge. The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners: None. For the Respondents 1 to 3 Mr.P.K.Sharma, Additional Advocate General. For respondent No.4 Mr. Shrawan Dogra, Advocate. For respondent No.5 Mr. Ajay Kumar, with Mr. Y.P.Sood, Advocates. Per Surjit Singh, Judge (Oral) Heard and gone through the record. This court took cognizance of the matter on the basis of pseudonymous complaint addressed to the Hon’ble Chief Justice. The purported complainants were Suresh Kumar, Bhupender Sharma and Leela Dhar Verma. However, nobody come forward to pursue the matter. In the complaint, it was alleged that various hotels have come up on the road 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 bifurcating from Cart road towards village Poabo and the guests staying in those hotels have been parking their vehicles on the sides of the road itself, leading to lot of inconvenience to the users of that road. It was alleged that a new hotel, consisting of about 40 rooms, was coming up and this was likely to further cause congestion of traffic on the aforesaid road. It was stated that directions were required to be issued to the Municipal Corporation and other authorities not to permit the completion of the said hotel and also not to allow construction of more hotels on that road. Also, it was stated that on account of construction of a large number of hotels in that area, there was scarcity of water. This court ordered that notices be issued to State of HP, Municipal Corporation, Director, Town & Country Planning, Deputy Commissioner, Shimla and also the proprietor of the hotel that was alleged to be under construction. All the respondents put in appearance. On behalf of the hotel, allegedly under construction, Raddison, Goodwood, Lakkar Bazar, put in appearance through Sh. Bhagwan Dass Khanna Enterprises Private Limited. State of HP, Director Town & Country Planning and Deputy Commissioner, Shimla have filed similar replies in which it has been denied that any irregularity has been committed in permitting the construction of the building in which hotel Raddison is being run. Municipal Corporation in its reply has also stated that no irregularity has been committed in approving the plan and that the construction of the structure has taken place in accordance with the approved plan. Hotel Raddison, who are running a hotel 3 in the building, in their reply have stated that hotel became operational, even before the complaint was received in the office of Hon’ble the Chief Justice. According to them, hotel became operational in the first week of May, 2005, whereas the complaint was listed in the court on 9th May, 2005. It is stated in the reply of hotel Raddison that the total plot area of the hotel is 5040.16 Sq meters, out of which only 1519.98 Sq. meters area has been covered and the remaining area is open and available for various purposes, including parking of vehicles and that no vehicle of any customer or guest is parked outside the premises of the hotel, on the road. It is also stated in the reply that earlier also there existed a hotel by the name of Goodwood Hotel and that the hotel had been in existence since the times of Britishers. It has been stated that two of the four blocks of the new building have been constructed on the site and the lines of the old structures of the hotel and to more blocks have been added. We do not find anything from the record indicating that there has been any foul play in permitting the building to be constructed for running the hotel on the spot. Also, we find from the record that the open area belonging to the owner of the building is 3520.18 sq. meters, which on the face of it, appears to be quite enough for various open space activities and the parking of the vehicles. It has been stated on affidavit by the owner of the property that there is a provision for parking of 30 vehicles. It is also stated that multi storeyed parking has been developed in the precincts of the hotel. 4 Looking to the above stated position as also the fact that nobody has come forward to pursue the complaint and the complainants even did not disclose their addresses in the complaint, we are of the considered view that no orders are required to be passed by this court in the matter. Writ petition is disposed of accordingly. ( R.B. Misra ), J. ( Surjit Singh ), J. 4th Dec, 2008 (sl)