Dharamshala stadium case: HC gives a week's time to HPCA to file application
Himachal Pradesh high court on Saturday gave a week's time to Himachal Pradesh Cricket Association (HPCA) to file an application regarding its petition seeking non-initiation of criminal proceedings against it under Societies Registration Act.punjab Updated: Apr 18, 2015 21:59 IST
Himachal Pradesh high court on Saturday gave a week's time to Himachal Pradesh Cricket Association (HPCA) to file an application regarding its petition seeking non-initiation of criminal proceedings against it under Societies Registration Act.
The HPCA had challenged the decision of the government to cancel the lease granted in favour of HPCA and take over the HPCA stadium premises in Dharamshala. Earlier, government had served a notice to HCPA regarding change in status from society to company without informing the government. The decision was later withdrawn.
The HPCA has prayed that no criminal proceedings be initiated against them and the government be prohibited from taking action against them under Societies Registration Act.
HPCA had asked for time to submit an application to bring some facts in the court's notice. Court posed the matter for next hearing on May 2.
A division bench comprising of chief justice Mansoor Ahmad Mir and justice Tarlok Singh Chauhan, passed these orders on a petition filed by HPCA.
"It is also well settled position that the ownership of the building is distinct than the right in the grant of lease given by the state. Even if the state wanted to terminate the lease, the question of taking forcible possession of the building constructed on such land does not arise and the termination of lease cannot be the basis to do so. For that, the state is expected to resort to appropriate remedy, as may be advised," the court order read.
In another case, in which HPCA had moved the high court against Shimla municipal corporation's decision to demolish the academy building at Lalpani, the court posted the matter for May 2.