High Court quashes DC’s order regarding delimitation of two Shimla wards

Vijay Arora

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Shimla, September 23

The HP High Court has quashed and set aside the order passed by the Deputy Commissioner, Shimla, whereby he had dismissed the objections raised relating to proposed delimitation of two municipal wards, namely Nabha and Summerhill, of Municipal Corporation, Shimla.

The court also quashed and set aside the order passed by the Divisional Commissioner, Shimla whereby he had upheld the rejection order of Deputy Commissioner, Shimla.

While quashing the order, a division bench comprising Justice Sabina and Justice Sushil Kukreja directed the Deputy Commissioner to dispose of the objections filed by the petitioners afresh, in conformity with the order passed by the high court on June 3 after appreciating the material available on record.

Allowing the petitions filed in this regard, the court observed, “We are amazed and shocked that the order, which had been categorically set aside by this court, has been held to be a good order by Deputy Commissioner, while passing the order. The orders dated June 24, 2022, have not been passed as per the directions given by this court in its order June 3, 2022. Hence, the orders passed by Deputy Commissioner and Divisional Commissioner, Shimla are liable to be set aside.”

The court further observed that the Divisional Commissioner being appellate court has also merely upheld the orders passed by Deputy Commissioner without considering the effect and tenor of the order.

The court passed this order on two separate petitions filed by petitioners Simi Nanda and Rajeev Thakur challenging the orders passed by both the authorities/officers on the ground that the DC, Shimla without considering the findings as returned by the High Court has rejected the objections qua the delimitations of these two municipal wards in sheer and clear violation of the provisions of the rules.

The petitioners had approached the high court on the rejection of their objections by the DC, Shimla on February 24, 2022. While allowing the petitions on June 3, 2022, the court held that the DC had failed to consider the factual aspect of the submissions raised by the petitioners