Himachal Pradesh high court issues contempt notice to Solan DC aver alleged defiance in land sale case
Photo used for indicative purpose only. Source internet
Shimla, June 20
In a recent development, the Himachal Pradesh High Court has issued a contempt notice to the Deputy Commissioner of Solan. The notice comes in response to allegations that the District Collector demanded a No Objection Certificate (NOC) under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. The controversy centers around the purchase of a flat in Solan, acquired through a government auction by the appellant, Shashi Gupta.
Shashi Gupta had earlier filed a writ petition (CWP No. 7090 of 2023), asserting that she purchased the flat in accordance with the Court’s auction process and hence was not subject to the restrictions of Section 118, which typically requires non-agriculturists to obtain permission to purchase land in Himachal Pradesh. The High Court, in its order dated December 4, 2023, upheld her claim, stating that the rigours of Section 118 were not applicable in this case since the purchase was made through a court-ordered auction. The Court directed the respondents to issue a sale certificate without insisting on the NOC under Section 118.
Despite this order, the sale certificate issued to Gupta on March 23, 2024, included a statement indicating that the Government of Himachal Pradesh had accorded permission under Section 118, contradicting the Court’s earlier findings. This prompted Gupta to file a Letters Patent Appeal (LPA No. 251 of 2023), arguing that the inclusion of this statement was a contemptuous act by the District Collector, Solan, against the order dated December 4, 2023.
The High Court, prima facie viewing this as contempt of court, has issued a show cause notice to the second respondent, the District Collector, Solan, demanding an explanation for this apparent defiance of the Court’s order. The case has been scheduled for further hearing on July 16, 2024.
The main prayer in the LPA filed by Shashi Gupta seeks to enforce the Court’s previous directive that the sale certificate should be issued without any reference to Section 118, asserting that the deemed permission was already in place before the auction and that the subsequent actions by the District Collector were in violation of the judicial order.
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