HC pulls up Paonta MC for shop allotment against rules

Legal Correspondent

Shimla, December 30

Taking a serious note over allotting a shop in a complex contrary to law by the Paonta Sahib Municipal Council (MC), the High Court has directed Additional Deputy Commissioner, Sirmaur, Priyanka Verma, to look into the matter.

The court further directed her to submit a report within three months and listed the matter for compliance on March 30.

Justice Tarlok Singh Chauhan passed this order while dealing with a petition wherein it came to the knowledge that the Paonta Sahib MC allotted a shop in contravention of the MC rules.

Passing the order, the court observed, ldquo;The case depicts sordid functioning of the MC Paonta Sahib. Despite there being no advertisement or even proposal on behalf of it, the petitioner approached it for the allotment of a shop under the self-financing scheme. What is more surprisingly is that the municipal council entertained such request and asked the petitioner to deposit Rs10,000 as earnest money for the shop and the balance amount was to be paid at the time of its possession. The petitioner deposited Rs.10,000.rdquo;

The court further observed, ldquo;It is clearly evident from the narration of facts that the mode and manner in which the petitioner applied for the shop is not even contemplated under the rules. Therefore, the MC had no authority whatsoever to accept the application for allotment of shop submitted by the petitioner.rdquo;

While reprimanding the MC authorities, Justice Chauhan observed, ldquo;The entire scenario shocks the conscience of the court. It was a systematic fraud committed by those at the helm of the Municipal Council in dealing with property as it was their personal property. It has to be remembered that the MC is capable to entering into contract strictly in accordance with the rules.rdquo;

The court further observed, ldquo;It is regrettable that the holders of the office have been completely oblivious of the fact that the office entrusted to them are a sacred trust and are meant for use and not for abuse. The office-bearers of any local authorities, be it gram panchayat or municipal council cannot act as monarch, are obliged to act in accordance with the principles of democracy, equity, equality and solidarity.rdquo;

The case

The case depicts the sordid functioning of the MC, Paonta Sahib. Despite there being no advertisement or even a proposal on behalf of it, the petitioner approached it for the allotment of a shop under the self-financing scheme. He was asked to deposit Rs10,000 as earnest money for the shop and the balance amount was to be paid at the time of possession.

Courtesy: Tribune News Service