(A) Constitution of India, 1950 Article 226-Construction of flats by the Society-Grant of permission-Sanction of planning permission-Relaxation in Floor Area Ratio and Setback areas-Illegality therein-The Respondent No. 7 Society purchased certain land from the brother of the petitioner for the purpose of construction of flats-The Society sought relaxation in FAR and setback area-The relaxation was granted by the Government-The petitioner challenged the relaxation so granted on the ground that the Government had no authority under the Act to grant such relaxation-Contention accepted-
Held-The State Government has no authority under the Act to grant relaxation-Relaxation granted is quashed and set aside-Directions issued to take necessary actions to bring the construction within the ambit of the Act-Petition allowed. (Paras 20 and 49)
(B) Himachal Pradesh Town & Country Planning Act, 1977-Section 39, 67 & 84-Interim Development Plan for Shimla Planning Area-Construction of flats by the Society-Sanction of development plan-Relaxation in Floor Area Ratio and Set-backs-Relaxation by the Government-Whether permissible-Held-The State Government did not have any authority under the Act to grant the planning permission much less to grant relaxation in the prescribed norms. (Paras 17 and 20)