SMC officials can’t exercise Commissioner’s powers: HC

Vijay Arora

Shimla, March 24

The High Court today ruled that no official(s) of the Shimla Municipal Corporation would exercise the powers vested in the Commissioner, except in cases where such powers have been specifically conferred by the state government on officials like the Joint/Assistant Commissioners.

Justice Tarlok Singh Chauhan passed the order on a petition challenging the action of Senior Architect Planner of the MC whereby he had issued a notice by directing petitioner Ashok Thakur of Shimla to stop the construction of his building and take demarcation immediately by associating immediate neighbours. While setting aside the notice, the court observed: “It is evidently clear that the Architect Planner has illegally usurped the power, authority and jurisdiction that was not even vested in him and proceeded to pass an order which is without jurisdiction.”

Justice Chauhan further observed that as per the language of Section 254(1) of the Municipal Corporation Act it was clear that “the only authority empowered and vested with the jurisdiction and authority to issue notice is the ‘Commissioner’ or such authority which may have specifically been vested with the powers of the Commissioner by the state government”.

Coming down heavily on the Senior Architect Planner by observing “that in a system governed by the rule of law, there is nothing like absolute or unbridled power exercisable at the whims and fancies of the repository of such power. There is nothing like a power without any limits or constraints. That is so even when a court or other authority may be vested with wide discretionary power, for even discretion has to be exercised only along well recognized and sound juristic principles with a view to promoting fairness, inducing transparency and aiding equity”.