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CWP No. 2947 of 2017.
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01.01.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.
Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
CMP No. 11261/2017.
Leave granted. Application stands disposed of.
CWP No. 2947/2017.
r Issue notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of the respondents.
Reply be positively filed within a period of four weeks. List on 27th March, 2018.
CMP No.11262/2017.
Notice in the aforesaid terms. In the meanwhile, parties are directed to maintain status quo as of today.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 01, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWP No. 2945 of 2017.
01.01.2018. Present: Mr. Maan Singh, Advocate, for the petitioner.
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Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
CMP No. 11248/2017.
Leave granted. Application stands disposed of.
CWP No. 2945/2017 & CMP No. 11249/2017.
Issue notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of the respondents.
List on 5th January, 2018. Short reply be filed in the meantime.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 01, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWP No. 2943 of 2017.
01.01.2018. Present: Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh, Advocate, Advocate, for the petitioner.
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Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
CMP No. 11242/2017.
Leave granted. Application stands disposed of.
CWP No. 2943/2017.
Issue notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of respondent No.1. Notice be issued to respondent No.2, returnable for 26th March, 2018. Steps be positively taken within one week. List on 26th March, 2018. In the meantime, reply by appearing respondent be filed.
CMP No.11243/2017.
Notice in the aforesaid terms. In the meanwhile, operation of order dated 22.12.2017, passed by the H.P. State Administrative Tribunal in OA No. 6555 of 2017, titled as Dev Raj Sharma versus State of HP and another (Annexure P5), shall remain stayed.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 01, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWP No. 2936 of 2017.
01.01.2018. Present: Mr. Adarsh K. Vashishta, Advocate, for the petitioner.
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Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.2.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CMP No. 11208/2017.
r Leave granted. Application stands disposed of.
CWP No. 2936/2017.
Issue notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of respondents/State and Mr. Rajesh Kumar Sharma learned Assistant Solicitor General of India, waives the same on behalf of respondent No.2. Notice be issued to respondents No. 6 and 7 returnable for 26th March, 2018. Steps be positively taken within one week. Reply be filed within four weeks.
Rejoinder thereto within four weeks thereafter. List on 26th March, 2018.
CMP No.11209/2017.
Notice in the aforesaid terms. It is clarified that any decision taken shall be subject to outcome of the present writ petition. Such fact be made known to the private parties.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 01, 2018. Judge.
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01.01.2018. Present: Mr. Nitish Kauth, Advocate, as Amicus Curiae.
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Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Letter petitioner highlights the difficulties which the residents of Gram Panchayat Tunan Block Nirmand District Kullu, HP are facing on account of lack of access to their village over Satluj bridge at place known as "Chati" near Rampur Bushehar where Public Works r Department has constructed rope span (Jhoola), which is quite unsafe and perhaps not maintained well.
It appears that the residents have already brought the issue to the notice of the S.D.M. concerned, i.e., Rampur Bushehar and Ani and compensation to the families of the persons, who died while using the Jhoola, has also not been released. It is in this backdrop, we issue notices to the respondents/State.
Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of respondents/State Mr. Nitish Kaith, Advocate, who is present in Court, is appointed as Amicus Curiae to assist the Court. Registry is directed to supply paper-book, complete in all respects, to learned Amicus Curiae. Learned Amicus Curiae undertakes to get in touch with the complainant, informing the pendency of the proceedings and also ascertain as to whether any further ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- information for adjudication of the present lis is required to be .
furnished.
List on 5th January, 2018. In the meantime, response be filed.
(Sanjay Karol) Acting Chief Justice.
January 01, 2018.
(cm)/k
r to (Ajay Mohan Goel)
Judge.
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CWPIL No. 296 of 2017.
01.01.2018. Present: Court on its own motion.
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Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Residents of Gram Panchayat Jangal and Siyun have highlighted their grievances with regard to non-supply of drinking water by the Irrigation and Public Health Department of the State of Himachal Pradesh.
rIt is the constitutional duty and obligation of the State to make available adequate drinking water, if not at the door steps of the villagers, but then definitely to the village.
It is in this backdrop, accounting for the grievances vented out by the letter petitioner, by taking suo motu cognizance, we issue notices to the State.
Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of respondents/State List on 5th January, 2018. Also respondent No. 3 shall personally remain present in Court on that date.
Response be filed in the meantime.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 01, 2018. Judge.
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02.01.2018. Present: Mr. Surinder Saklani, Advocate, as Amicus Curiae.
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Mr. Varun Chandel, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. J.K. Verma, learned Deputy Advocate General states that the affidavit already stands filed in the Registry. Registry is directed to trace and place the same on record, if in order.
From the copy of the affidavit perused by us in the Court, we notice that the Block Development Officer, Sundernagar, did visit the spot on 19th December, 2017, and has taken some action for redressal of the grievances of the letter petitioner. Water connection stands provided in her name. Also, letter petitioner is getting pension from the Welfare Department. However, there is no toilet facility and as such, her case for consideration thereof already stands recommended and is likely to be considered in the next meeting of the Gram Sabha which is likely to be held on 7th January, 2018, where after, work for construction of the toilet shall be completed under the Mahatama Gandhi National Rural Employment Guarantee Scheme.
Let fresh status report be filed before the next date of hearing. List on 12th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 02, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 77 of 2017.
02.01.2018. Present: Mr. Satyen Vaidya, Sr. Advocate, as Amicus Curiae, with Mr. Vivek Sharma, Advocate.
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Mr. Varun Chandel, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
H.C. Kamlesh Kumar No. 160 Police Line Kangra at Dharamshala in person.
Let fresh supplementary affidavit detailing latest status of the work to be executed and the steps taken, pursuant to the directions issued by the Hon'ble apex Court dated 28th January, 2016, in Criminal Appeal No. 652 of 2012, titled as Union of India versus Mohan Lal and another as also by this Court, be filed within four weeks.
List on 13th March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 02, 2018. Judge.
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02.01.2018. Present: Mr. Mukesh Sharma, vice counsel for the petitioner.
Mr. M.A. Khan, Additional Advocate General and Mr. .
J.K. Verma, Deputy Advocate General, for respondents No. 1 to 3.
Reply be filed within two weeks. Rejoinder thereto within two weeks thereafter. List on 27th February, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 02, 2018. Judge.
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02.01.2018. Present: Mr. Naresh Sharma, vice counsel for the petitioner.
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Mr. Rajesh Kumar Sharma, ASGI for respondent No.1.
Mr. Y.W. Chauhan, Advocate, for respondent No.2. Mr. M.A. Khan, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for respondents No.3.
Reply be filed within four weeks. Rejoinder thereto within four weeks thereafter. List thereafter.
(Sanjay Karol)
r Acting Chief Justice.
(Ajay Mohan Goel)
January 02, 2018. Judge.
(cm)
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COPC No. 306 of 2017.
02.01.2018. Present: Mr. Naresh Sharma, vice counsel for the petitioner.
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Mr. Rajesh Kumar Sharma, ASGI for respondent No.1.
Mr. Y.W. Chauhan, Advocate, for respondent No.2. Mr. M.A. Khan, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for respondents No.3.
Reply be filed within four weeks. Rejoinder thereto within four weeks thereafter. List thereafter.
(Sanjay Karol)
r Acting Chief Justice.
(Ajay Mohan Goel)
January 02, 2018. Judge.
(cm)
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CWPIL No. 2 of 2018.
02.01.2018. Present: Mr. K.D. Shreedhar, Sr. Advocate as Amicus Curiae
with Ms. Shreyan Chauhan, Advocate.
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Mr. Y.W. Chauhan, Advocate, for respondent No.2.
Mr. M.A. Khan, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. K.D. Shreedhar, Sr. Advocate, [mob.no.98160-
25857 & Email.keshavshreedhar@yahoo.co.in], who is present in Court, is appointed as Amicus Curiae to assist the Court. Registry is directed to supply paper-book, complete in all respects, to learned Amicus Curiae. Learned Amicus Curiae undertakes to get in touch with the complainant, informing the pendency of the proceedings and also ascertain as to whether any further information for adjudication of the present lis is required to be furnished. List on 19th December, 2017.
Response be filed before the next date. List on 5th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 02, 2018. Judge.
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02.01.2018. Present: Mr. Satyen Vaidya, Sr. Advocate as Amicus Curiae with Mr. Vivek Sharma, Advocate.
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Mr. M.A. Khan, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
List on 4th January, 2018, when the record be made available.
(Sanjay Karol) Acting Chief Justice.
r (Ajay Mohan Goel)
January 02, 2018. Judge.
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LPA No. 150 of 2016.
02.01.2018. Present: Ms. Rashmi Parmar, Advocate, for the appellant.
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Mr. P.D. Nanda, Advocate, for respondents No. 1 to 3. CMP No. 10314/2017.
For the reasons set out in the application, the same is allowed. Order dated 29.11.2016, is recalled and appeal is restored to its original number and position.
r CMP No. 11027/2017.
In view of the order passed in CMP No. 10314/2017, this application has become infructuous. Dismissed as such.
LPA No. 150/2016.
List this appeal alongwith other connected appeals for hearing.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 02, 2018. Judge.
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02.01.2018. Present: Mr. Vineet Vashishta, Advocate, for the appellant.
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Mr. Sunny Modgil, Advocate, for respondent No.1.
Mr. Ajay Sharma, Advocate, for respondents No. 2 and 3.
List on 20th March, 2018. In the meantime, Mr. Vineet Vashishta, Advocate, to ascertain as to whether letter placed on "B" part of the file has been written by the appellant or not.
r to (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan Goel)
January 02, 2018. Judge.
(cm)
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CWPIL No. 14 of 2017.
02.01.2018. Present: Ms. Shreya Chauhan, Advocate as Amicus Curiae.
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Mr. M.A. Khan, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Neeraj Gupta, Advocate, for respondent No.5.
Mr. Aman Sood, Advocate, for respondent No.6. Mr. Surinder Saklani, Advocate, for respondents No. 7 and 10.
Mr. Rajesh Sharma, ASGI, for respondent No. 8. Contractors Balak Ram Sharma, respondent No.7, Mr. Sanjay Kumar Sharma, respondent No.9 and Mr. Munish Kumar Sharma, respondent No.10 present in person.
CMP No_______ of 2018.
Be registered.
Mr. Surinder Saklani, Advocate, for respondents No. 7 and 10 has handed over an application on behalf of respondent No.7, namely, Balak Ram, seeking extension of time for complying with the undertaking furnished to this Court.
In terms of the application, the work shall be positively completed on or before 31st January, 2018.
The contractor has also filed an undertaking to similar effect which is accepted and taken on record. He has been made aware of the consequence of breach thereof. We hope and expect the contractor to complete erection of retaining wall from RD14/135 to RD14/170 within the aforesaid period. We clarify that if the work is not executed within the aforesaid period, the contractor shall be liable to pay damages as also interest to be assessed lateron. We reiterate our earlier order that no payment shall be released to ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- .
the said contractor without the leave of the Court. Application stands disposed of.
In so far as respondent No.9, namely Sanjay Kumar Sharma is concerned, he has already furnished an undertaking which he reiterates that the work shall be completed on or before 31.3.2018. He has been made aware of the consequences of breach thereof.
r In so far as respondent No.10, namely, Munish Kumar Sharma, is concerned, he has also already furnished an undertaking which he reiterates that the work shall be completed on or before 14.9.2018. He has also been made aware of the consequences of breach thereof.
In so far as construction of 8 km of road is concerned, learned Assistant Solicitor General of India states that the matter is under process and latest status report shall be filed within one week.
List on 9th January, 2018.
The contractors need not be present on next date of hearing.
However, for the purpose of filing the latest status report, matter is adjourned for 12th March, 2018, on which date, they shall remain present in Court.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 02, 2018. Judge.
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03.01.2018. Present: Mr. Arjun Lal, Advocate as Amicus Curiae.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Arjun Lal, learned Amicus Curiae submits that the directions issued by this Court in CWP No. 3162 of 2013, titled Harish Kumar versus State of HP and others, alongwith connected matters, decided vide judgment dated 22.10.2013, more specifically paras 38 to 46, have yet not been complied with.
Let Principal Secretary (Education), to the Government of Himachal Pradesh file his personal affidavit, in terms of our order dated 20.12.2017, as also the directions issued by this Court in CWP No. 3162 of 2013, supra.
Needful be positively done within one week, failing which, Principal Secretary (Education), to the Government of Himachal Pradesh shall personally remain present in Court.
List on 11th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
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03.01.2018. Present: Mr.Ankush Dass Sood, Sr. Advocate as Amicus Curiae with Mr. Deven Khanna, Advocate.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
List on 4th January, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
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03.01.2018. Present: Mr.Yudhbir Singh, Advocate as Amicus Curiae.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
We are happy to note that post issuance of notices, at least, three doctors stand posted by the State. We direct that without leave of the Court, such doctors shall not be transferred.
r List on 15th March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
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03.01.2018. Present: Ms. Shalini Thakur, Advocate as Amicus Curiae.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Let supplementary affidavit, clarifying status with regard to site, which may develop for extraction of mining minerals, be filed before the next date. List on 10th January, 2018. r (Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
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03.01.2018. Present: Court on its own motion.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Raman Jamalta, Advocate, for respondent No.4.
List on 11th January, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
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03.01.2018. Present: Mr. Deven Khanna, Advocate as Amicus Curiae.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Raman Jamalta, Advocate, for respondent No.3. Mr. Shivank Singh Panta, Advocate, for respondent No.17.
Mr. Hamender Chandel, Advocate, for respondent No.18.
r to List on 10th January, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
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03.01.2018. Present: Ms. Megha Kapoor Gautam, Advocate as Amicus Curiae.
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Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State. Mr. Umesh Kanwar, Advocate, for the Pollution Control Board.
Mr. Karan Singh Kanwar, Advocate, for respondent No.5.
On the basis of a letter petition, this Court, by taking suo motu cognizance issued notices to the State as also the private respondent.
Letter petitioner highlighted the pollution caused by the effluent discharged from the Unit set-up by private respondent No.5.
From the response filed by the State, the averments made in the letter petition have turned out to be correct. It is evident that the Unit, which is set-up as bottling plant, is discharging effluent, which is causing damage to the agricultural land.
Ms. Megha Kapoor Gautam, learned Amicus Curiae invites our attention to the judgment rendered by the Hon'ble apex Court in case titled Vellore Citizens' Welfare Forum versus Union of India and others reported in (1996) 5 SCC 647, wherein the apex Court issued certain directions against the Units, which were damaging agricultural land as a result of effluents discharged by the Industrial houses. The Court noticed that the agricultural lands were turning barren and the ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- residents of the area are exposed to serious diseases. It .
further stood emphasized that it is the constitutional rights of every living being to receive fresh air, clean water and pollution free environment. "The Precautionary Principle" and "The Polluter Pays Principle" were held essential for sustainable development.
Mr. Karan Singh Kanwar, Advocate, seeks one week's time to file response on behalf of respondent No.5. He further assures that all remedial measures shall positively be taken within one week. Also, order for setting-up of Effluent Treatment Plant stands placed and Unit shall positively be established within ten days. List on 11th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 03, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWP No. 2135 of 2016.
04.01.2018. Present: Mr. Sanjeev Kuthiala, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Vide separate judgment of the day placed on record, petition is disposed of.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep Sharma)
January 04, 2018. Judge.
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CWP No. 2906 of 2017.
04.01.2018. Present: Mr. K.D. Shreedhar, Sr. Advocate with Ms. Shreya
Chauhan, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
r CWP No. 2906/2017.
Issue notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of respondents No. 1 to 5. Notice be issued to respondent No. 6 returnable for 14.3.2018, on taking steps within one week.
List alongwith CWP No. 2292 of 2017. In the meantime, reply by appearing respondents be filed.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
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04.01.2018. Present: Mr. Bhupinder Pathania, vice counsel for the petitioner.
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Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State. Mr. Avneesh Bhardwaj, Advocate, for respondents No. 2 to 4.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CWP No. 2905/2017.
Admit.
Issue post admission notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of respondents No. 1 and Mr. Avneesh Bhardwaj, Advocate, waives the same on behalf of respondents No. 2 to 4. Notice be issued to respondent No. 5, returnable within four weeks, on taking steps within one week.
List alongwith CWP No. 2890 of 2017. In the meantime, pleadings be completed.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
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04.01.2018. Present: Mr. Pawan K. Sharma, Advocate, for the petitioner.
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Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CWP No. 2904/2017.
Admit.
Issue post admission notice. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, waives notice on behalf of respondent No.1 and Mr. J.K. Verma, learned Deputy Advocate General waives the same on behalf of the respondents/State. Reply be filed within three months. Rejoinder thereto within four months thereafter.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
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04.01.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Ms. Abhilasha Kaundal, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/State.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CWP No. 2903/2017.
Admit.
Issue post admission notice. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of the respondent/State. Reply be filed within three months. Rejoinder thereto within four months thereafter.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
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04.01.2018. Present: Mr. Pawan Gautam, Advocate, for the appellant.
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Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State. Mr.Digvijay Singh, Advocate, for respondent No.5.
CMP No. 11040/2017.
pressed.
r to Not pressed at this stage. Application is dismissed as not (Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
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04.01.2018. Present: Ms. Megha Kapoor Gautam, Advocate, for the appellant/applicant.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State. Nemo for respondent No.4.
Mr. Bhuvnesh Sharma, Advocate, for respondent No.6.
pressed.
r to CMP No. 11023/2017.
Not pressed at this stage. Application is dismissed as not (Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CMP No. 7963 of 2017 in CWP No. 2449 of 2015 a/w CWP No. 2200 of 2017.
.
04.01.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner in CWP No. 2449 of 2015 and Mr. Prashant Chaudhary, Advocate, for the petitioner in CWP no. 2200 of 2017.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State in both the petitions.
Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh, Advocate, for the applicant in CMP No. 6577 of 2017 in CWP No. 2449 of 2015.
r Mr. Sunil Mohan Goel, Advocate, for applicants in CMP No. 7963 of 2017 in CWP No. 2449 of 2015. Mr. B.N. Sharma, Advocate, for respondent No. 2 n CWP No. 2200 of 2017.
As mutually agreed, matter is adjourned by six weeks.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWP No. 2700 of 2017.
04.01.2018. Present: Mr. Surinder Saklani, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Reply be filed within four weeks. Rejoinder thereto within four weeks thereafter.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep Sharma)
January 04, 2018. Judge.
(cm)
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
CWP No. 2700 of 2017.
04.01.2018. Present: Mr. Surinder Saklani, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Reply be filed within four weeks. Rejoinder thereto within four weeks thereafter.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep Sharma)
January 04, 2018. Judge.
(cm)
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
Ex. Pet No. 134 of 2017.
04.01.2018. Present: Mr. Mukul Sood, Advocate, vice counsel for the
petitioner.
.
Mr. B.N. Sharma, Advocate, for the respondent.
Respondent(s) to file affidavit disclosing" (a) as to whether the judgment/order dated 22.12.2010, passed in CWP (T) No. 11452 of 2008, titled as Kali Dass versus Himachal Road Transport Corporation, has attained finality;
(b) as to whether the directions contained therein stand implemented or not. If not so, then reasons thereof; (c ) why action against the erring officer(s)/official(s) has yet not been taken; (d) why interest payable on the amount, if any, to be disbursed, be not recovered from the erring officer(s)/official(s).
In any case, we direct that if the directions contained in the order have yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Managing Director, Himachal Road Transport Corporation, Government of Himachal Pradesh, shall personally remain present before the Court on the next date of hearing.
Learned counsel for the respondent assures the Court that if in operation, the order shall positively be implemented before the next date of hearing. He undertakes to communicate the order to all concerned by all modes of communication, including phone/mail etc. ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- List on 8.3.2018, before the Additional Registrar .
(Judicial), for compliance of the order and thereafter before the Court on 15.3.2018.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
January 04, 2018
(cm)
r to (Sandeep Sharma)
Judge.
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
Ex. Pet No. 16 of 2017.
04.01.2018. Present: Mr. Lovneesh kanwar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Respondent(s) to file affidavit disclosing" (a) as to whether the judgment/order dated 21.06.2012, passed in CWP (T) No. 27 of 2011, titled as Smt. Krishni Devi versus State of HP and others, has attained finality; (b) as to whether the directions contained therein stand implemented or not. If not so, then reasons thereof; (c ) why action against the erring officer(s)/official(s) has yet not been taken; (d) why interest payable on the amount, if any, to be disbursed, be not recovered from the erring officer(s)/official(s).
In any case, we direct that if the directions contained in the order have yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Commissioner-cum- Secretary (Revenue), Government of Himachal Pradesh, shall personally remain present before the Court on the next date of hearing.
Learned Deputy Advocate General assures the Court that if in operation, the order shall positively be implemented before the next date of hearing. He undertakes to communicate the order to all concerned by all modes of communication, including phone/mail etc. ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- .
List on 8.3.2018, before the Additional Registrar (Judicial), for compliance of the order and thereafter before the Court on 15.3.2018.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
r (Sandeep Sharma)
January 04, 2018 Judge.
(cm)
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
Ex. Pet. No. 128 of 2017.
04.01.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Reply stands filed. Rejoinder be filed within four weeks.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CMP(M) No. 909/2016.
04.01.2018. Present: Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup .
Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the applicants/appellants.
Mr. J.K. Verma, learned Deputy Advocate General has explained the circumstances under which steps for service of respondent No. 1 could not be taken. Let steps be now taken within one week. Thereafter notice be issued to the said respondent returnable for 22nd March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 94 of 2017.
04.01.2018. Present: Mr. Vikrant Thakur, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Vikas Rathore, Senior Panel Counsel, for newly added respondents No. 8 and 9.
Executive Engineer, HPPWD, Jubbal, District Shimla, present in person.
Mr. Vikas Rathore, learned Senior Panel Counsel for respondents No. 8 and 9 has explained the circumstances under which order dated 30.11.2017, could not be complied with.
Mr. J.K. Verma, learned Deputy Advocate General, under instructions from the Executive Engineer, HPPWD Jubbal, District Shimla, states that proposal for diversion of forest land already stands submitted to the Regional Director, Ministry of Environment, Dehradun (respondent No. 8) and Ministry of Environment to the Government of India, through its Secretary (respondent No. 9) and is pending consideration before them.
At this stage, Mr. Vikas Rathore, learned Senior Panel Counsel undertakes to pursue the matter with the Regional Director, Ministry of Environment, Dehradun and ensure compliance of the order.
List on 10th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 27 of 2017.
04.01.2018. Present: Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh, Advocate, as Amicus Curiae.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.5.
Ms. Madhurika Verma, Advocate, for the applicants in CMP No.11269/2017 and CMP No. 136/2018.
CMP No.11269/2017 & CMP No. 136/2018.
r In our considered view, applications are misconceived for in our order dated 7.12.2017, which was in continuation of our order dated 25.10.2017, we had only directed the authorities to take appropriate action in accordance with law, against such of those persons, who have violated the provisions of the Environmental Laws, which every citizen is duty bound to follow. Needless to add, it is always open for the applicants to take recourse to remedies under the Act. Applications stand disposed of accordingly.
CWPIL No. 27/2017.
Affidavit of compliance on behalf of the Director General of Police, Himachal Pradesh stands filed in the Registry, which is not on record. Registry to trace and place the same on record, if in order. Learned counsel to follow up with the Registry.
Let fresh status report be filed within six weeks. List on 22nd March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) January 04, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No.124 of 2017.
05.01.2018. Present: Letter petitioner in person.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. J.L. Bhardwaj, Advocate, for respondent No.2.
Affidavit on behalf of the University stands filed. Let petitioner respond to the same. List on 5th March, 2018.
r to (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan Goel)
January 05, 2018. Judge.
(cm)
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
CWPIL No.192 of 2017.
05.01.2018. Present: Mr.Adarsh K. Vashishta, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for respondents No. 1 to 3 and 5.
Mr. Pawan Gautam and Mr. Mohit Thakur, advocates, for respondent No.4.
List on 9th January, 2018. S.D.M. Dharamshala and S.H.O. Shahpur, District Kangra, HP shall personally remain r to present in Court on the said date.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 204 of 2017.
05.01.2018. Present: Mr.Mehar Chand Thakur, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, .
Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for respondent No. 1. Mr. Hamender Chandel, Advocate, for respondent No.2. None for respondent No.3.
The manner in which record is required to be maintained by the authorities under the provisions of Himachal Pradesh Panchayati Raj Act 1994, as also other statutes stands raised in the present petition.
In our considered view, matter needs to be examined at the level of the Government. As such, we implead Principal Secretary (Panchayati Raj), Government of Himachal Pradesh, as party respondent in this petition, who shall figure as respondent No.4 in the array of the respondents. Registry to carry out necessary correction in the memo of parties.
Issue notice to the newly arrayed respondent. Mr. J.K. Verma, learned Deputy Advocate General waives notice on behalf of the said respondent.
Let Principal Secretary (Panchayati Raj), Government of Himachal Pradesh file his personal affidavit before the next date. We expect the said officer to have taken appropriate action for reconstruction of the record. Also he shall satisfy as to whether there are any guidelines issued for dealing with the situation which is one in hand.
We request Mr. C.N. Singh, Advocate, who is present in Court to assist in this matter as Amicus Curiae with Mr. Mehar Chand, Advocate, Amicus Curiae.
List on 27th February, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 259 of 2017.
05.01.2018. Present: Mr. Bimal Gupta, Advocate, as Amicus Curiae.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Learned Amicus Curiae has handed over his response to the learned Advocate General, who seeks time to examine the same. We expect the authorities to have completed the formalities for having the land demarcated before the next date. List on 12th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 269 of 2017.
05.01.2018. Present: Ms. Jyotsna Rewal Dua, Advocate, as Amicus Curiae, .
with Ms. Charu Bhatnagar, Advocate.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Mr. Rajesh Kumar Sharma, ASGI, for the Union of India. Mr. Tara Singh Chauhan, Advocate, for respondent- Pollution Control Board.
Mr. Sanjeev Kuthiala, Advocate, for respondent No.1, Municipal Council Parwanoo.
Mr. Rahul Mahajan, Advocate, for the Indian Railways. Mr. Vivek Sharma, Advocate, for respondent -Electricity Board.
Mr. C.N. Singh, Advocate, for respondent No.12. Mr. Hamender Chandel, Advocate, for Municipal Corporation, Shimla.
Mr. Amit Singh, Chandel, Advocate, for the Municipal Council, Dharamshala.
Mr. Adarsh K Vashishta, Advocate, for applicants ion CMP No. 108808, 108809, 10810, 10811, 10812, 10813 of 2017, 297, 304, and 305 332 and 333 of 2018. Ms. Ruma Kaushaik, Advocate, for applicants in CMP Nos. 10832 and 10833 of 2017.
Mr. Nitin Thakur, Advocate, in CMP No. 33074, 33075 of 2017 and CMP No. 333081 of 2017.
Mr. Neeraj K. Sharma, Advocate, for applicants ion CMP Nos. 330 and 331 of 2018.
Ms. Seema Guleria, Advocate, for applicants in CMP NO. 10426/2017.
Learned Advocate General states that decision stands taken at certain level. Let affidavit of the appropriate authorities be filed before the next date.
2. Shri Tara Singh Chauhan, Advocate, for the H.P. State Pollution Control Board states that for the use of "Blackhole Technology", matter already stands forwarded by the HP State Pollution Control Board to the Central Pollution Control Board. As such we implead Central Pollution Control Board through its Secretary, to the Government of India, as party respondent in this petition, who shall figure as respondent No.19 in the array of the ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- respondents. Registry to carryout necessary correction in the .
memo of parties.
3. Issue notice to the newly arrayed respondent. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, waives notice on behalf of the said respondent.
4. We direct the newly arrayed respondent to forthwith examine the matter already submitted by the HP Pollution Control Board and take appropriate action, positively within five days from today. We expect both from the learned Assistant Solicitor General of India as also Shri Tara Singh, Chauhan, Advocate, for the HP Pollution Control Board to co-ordinate the decision making process among themselves.
5. Mr. Tara Singh, Chauhan, Advocate, states that inspection of Industrial Units/Establishments at Parwanoo (540 in numbers) stands completed. Save and except for 44 units/establishments, all establishments are complying with the Environmental Laws. Mr. Chauhan further states that of 44 Units/Establishments water and electricity supply stand disconnected.
6. Mr. C.N. Singh, Advocate, for HIMUDA and Mr. Vivek Sharma, Advocate, for the HP Electricity Board state that water and electricity connection of such of those defaulters, who stand notified by the HP Pollution Control Board and Municipal Council, stand disconnected. It is not clear as to whether water and electricity supply of all 44 defaulters have been disconnected or not. If not so done, be positively done before the next date.
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -3-7. Let Chairperson of the HP State Pollution Control Board .
file personal affidavit in that regard.
8. Mr. Sanjeev Kuthiala, Advocate, for respondent-
Municipal Council Parwanoo states that District Collector has already initiated action against following defaulters:-
(i) M/s R.P. Infosystem Plot No. 35C, Sec. 2Parwanoo,
(ii) M/s Ind Swift Pvt. Ltd. Plot No. 17B, Sec.2 Parwanoo, r(iii) M/s SNR Ind. Plot No. 6A, 6B, Sec.2 Parwanoo,
(iv) M/s Ram Gopal & Nand Kishor Khasra No. 804, Sec-2 Parwanoo, (v) M/s Ind Swift Pvt Ltd. Plot NO. 23, Sec 2 Parwanoo,
(vi) M/s Khanna Watches Plot No. 2, Sec 3 Parwanoo,
(vii) M/s Triveni Casting Plot NO. 39 Sec.5 Parwanoo,
(viii) M/s Triveni Casting Plot NO. 40 Sec.5 parwanoo,
(ix) M/s Triveni Casting Plot NO. 51 and 52, Sec.5 Parwanoo, 9 Mr. Kuthiala further states that these Units are non-
functional and stand closed.
10. We are informed that the Industries Department has allotted plots to these Units on lease basis.
11. Let the Director, Industries initiate action for canceling the leases of all these Units, in accordance with law, in terms of directions issued in CWPIL No. 11 of 2016, titled as Court on its own motion versus State of HP and others.
12. Mr. Sanjeev Kuthiala, Advocate, further states that the work of transportation of municipal solid waste stands commenced, ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -4- which fact is confirmed by Shri Hamender Singh Chandel, .
Advocate, who appears for Municipal Corporation, Shimla.
13. Mr. Tara Singh Chauhan, Advocate, states that thus far 360 hotels within the territorial limits of Municipal Council Dharamshala as also its vicinity, i.e. Macleodganj and Nadi stand inspected. Inspection work is complete and out of 360 establishments, 147 establishments were found to be not complying with the Environmental Laws and their water and electricity stand disconnected.
14. Let affidavit of the Chairperson of the HP State Pollution Control Board to this effect be filed within the aforesaid period.
15. Mr. Amit Singh Chandel, Advocate, who appears for Municipal Council Dharamshala, states that water connection of all 147 Units shall be disconnected within next 24 hours.
16. Mr. Tara Singh Chauhan, Advocate, undertakes to supply list of 147 defaulters to Shri Amit Singh Chandel, Advocate, for taking necessary consequential action.
17. Let affidavit of compliance by the Municipal Council, Dharamshala be filed before the next date.
18. Ms. Jyotsna Rewal Dua, learned Amicus Curiae invites our attention to the affidavit dated 26.12.2017, filed by Shri Dinesh Malhotra, Commissioner, Tourism and Civil Aviation, Shimla stating that in Himachal Pradesh only 2880 hotels stand registered under the provisions of Himachal Pradesh Tourism Development and Registration Act, 2002.
19. We find the averments made in para 4 of the said affidavit to be absolutely vague and unspecific.
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -5-20. Let the Commissioner file his fresh affidavit, furnishing .
District-wise information with regard to number of inspections carried out and the type of violations found during such process in relation to which a sum of `23 lacs approximately stand recovered.
21. Pursuant to our order dated 19.12.2017, the Pollution Control Board has taken steps for making general public aware through all r modes, including print and electronic media and sensitize them of the existence of various statutory provisions, requiring owners to comply with the various laws.
22. We notice that enough time stands given to all the stake-
holders for complying with the provisions of the Act and as such now we direct the Commissioner, Tourism and Civil Aviation, Shimla as also the State Pollution Control Board to inspect all the hotels/establishments within the municipal limits of Shimla, SADA, Kufri and the adjoining areas like Baldiyan, Naldehra, Fagu and Shoghi etc. Similar inspection shall be carried out of all the hotels/establishments, falling within the municipal Limits of Chamba Dalhousie as also Khajjiar.
23. Such exercise be positively completed within a period four weeks from today.
24. As and when requested, we expect the District Administration to render all assistance to these authorities.
25. We further direct that it shall be open for the Pollution Control Board as also the commissioner, Tourism and Civil Aviation, Shimla to issue appropriate orders for disconnection of water and electricity supply, if anyone of the units is found to be not ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -6- complying with the Environment Laws and the Himachal Pradesh .
Tourism Development and Registration Act, 2002. Also, no establishment shall be permitted to run, if not registered under the provisions of Himachal Pradesh Tourism Development and Registration Act, 2002.
26. Let affidavit of compliance be filed by the Secretary, H.P.
Pollution Control Board as also Commissioner, Tourism and Civil Aviation, Shimla within a period of six weeks from today.
27. Let authenticated copy of this order be supplied to the learned counsel for the parties.
List on 6th March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
(cm) ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP CWPIL No. 269 of 2017.
05.01.2018. Present: Ms. Jyotsna Rewal Dua, Advocate, as Amicus Curiae, .
with Ms. Charu Bhatnagar, Advocate.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Mr. Rajesh Kumar Sharma, ASGI, for the Union of India. Mr. Tara Singh Chauhan, Advocate, for respondent- Pollution Control Board.
Mr. Sanjeev Kuthiala, Advocate, for respondent No.1, Municipal Council Parwanoo.
Mr. Rahul Mahajan, Advocate, for the Indian Railways. Mr. Vivek Sharma, Advocate, for respondent -Electricity Board.
rMr. C.N. Singh, Advocate, for respondent No.12. Mr. Hamender Chandel, Advocate, for Municipal Corporation, Shimla.
Mr. Amit Singh, Chandel, Advocate, for the Municipal Council, Dharamshala.
Mr. Adarsh K Vashishta, Advocate, for applicants ion CMP No. 108808, 108809, 10810, 10811, 10812, 10813 of 2017, 297, 304, and 305 332 and 333 of 2018. Ms. Ruma Kaushaik, Advocate, for applicants in CMP Nos. 10832 and 10833 of 2017.
Mr. Nitin Thakur, Advocate, in CMP No. 33074, 33075 of 2017 and CMP No. 333081 of 2017.
Mr. Neeraj K. Sharma, Advocate, for applicants ion CMP Nos. 330 and 331 of 2018.
Ms. Seema Guleria, Advocate, for applicants in CMP NO. 10426/2017.
CMP No. 33081/2017 and CMPs No. 297, 304, 305, 330, 331, 332 and 333 of 2018.
Applications stand disposed of, with the following mutually agreed directions:
(a)Applicants shall approach the Pollution Control Board /Department of Tourism, indicating the remedial measures taken for ensuring the Unit to be compliant of all Environmental Laws and State Laws.
(b)We are hopeful that the Pollution Control Board/Department of Tourism shall consider the applications expeditiously, in accordance with law, and take appropriate decision, ensuring strict compliance of the provisions of the Environmental Laws and more specifically that of Water (Prevention and Control of Pollution Act, 1981 and Himachal Pradesh Tourism Development Registration Act, 2002.::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2-
(c)Further the day the applicants file the application(s), the authority shall carry out the inspection same day. If it is found .
that the applicants have complied with the directions issued by this court and the laws of the land, their applications shall be considered favourably, in accordance with law, and water & electricity connections restored.
Registry is directed to remove these applications from the main file and place them in a separate file.
r to (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan Goel)
January 05, 2018. Judge.
(cm)
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
.
::: Downloaded on - 06/01/2018 23:06:05 :::HCHP
CWPIL No. 8 of 2018.
05.01.2018. Present: Mr. B.C. Negi, Sr. Advocate with Ms. Megha Kapoor
.
Gautam, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Mr. Hamender Chandel, Advocate, for Municipal Corporation, Shimla.
Mr. Neeraj Gupta, Advocate, for respondent No.6. Mr. Vivek Sharma, Advocate, for respondent No.7-
Electricity Board.
CMP No. ___ of 2018.
Mr. Neeraj Gupta, Advocate, has handed over application on behalf of respondent No.6. Be registered.
Perusal of the application reveals the contention of the letter petitioner to be correct. Shri Harbans Singh Kukreja-
respondent No.6 admits to have raised the unauthorized construction, which on legal advise, he has rightly removed of his own. Not only that, he has tendered apology in the following form:
"...The applicant tenders his unconditional apology in the matter of he having put up a tin structure over the roof of building commonly known as 87/1, Near Jashan Restaurant, The Mall, Shimla under bonafide mistake and belief."
Mr. Neeraj Gupta, Advocate, on instructions from respondent No.6 states that in future no such construction shall ever be raised. Such undertaking is accepted and taken on record.
We notice that the property has been restored back to its original position and status, which fact is not disputed by Shri Hamender Singh Chandel, Advocate, appearing for respondent No. 5, who under instructions from Shri Mohan Thakur, Junior Engineer, of the Corporation, made such statement. In view of the ::: Downloaded on - 06/01/2018 23:06:05 :::HCHP -2- same, we modify our order dated 3.1.2018, and permit the .
supply of water and electricity to the premises of respondent No.6 to be restored forthwith.
In view of the intervening developments, proceedings pending before the Commissioner, Municipal Corporation, Shimla qua the premises in question of respondent No.6, shall also be deemed to have been closed.
r List on 9th January, 2018.
We direct the Commissioner, Municipal Corporation, Shimla to file his personal affidavit stating in a tabulated form;
(a) the number of proceedings initiated for unauthorized/illegal construction under the Himachal Pradesh Municipal Corporation Act, 1994, as also the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971.
(b) stage of such proceedings; and,
(c) how much time it would take for the proceedings to be concluded.
We further direct the Commissioner, Municipal Corporation, Shimla to get inspection of the main town carried out for ascertaining the illegal and unauthorized construction, if any and take appropriate action with regard thereto. Such action be done within a period of two months from today. For such purposes matter be listed on 12th March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
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05.01.2018. Present: Mr. K.D. Shreedhar, Sr. Advocate, as Amicus Curiae with .
Ms. Shreya Chauhan, Advocate.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
We direct both the Principal Secretary (Home), as also The Director General of Police, Government of Himachal Pradesh to file their personal affidavits, dealing with all the averments made in the letter petition, so also communications; news reports and the request alleged to have been made by the Director General of Police to the State Government, seeking permission to take appropriate action against the erring officials.
List on 12th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
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05.01.2018. Present: Mr. Vinod Thakur, Advocate, as Amicus Curiae.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Mr. Vinod Thakur, learned Amicus Curiae states that he will convince letter petitioner and the residents of the village to complete codal formalities and also execute gift deeds in favour of the State. List on 9th January, 2018.
r (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan Goel)
January 05, 2018. Judge.
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CWPIL No. 288 of 2017.
05.01.2018. Present: Court on its own motion.
.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Mr. Shrawan Dogra, Sr. Advocate with Ms. Nishi Goel, Advocate, for respondents No. 5 and 6.
Registry is directed to supply complete paper-book to Ms. Nishi Goel, Advocate. Response be filed within four weeks.
Rejoinder thereto within two weeks thereafter. List on 5th March, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
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05.01.2018. Present: Mr. Hament Sharma, vice counsel for Mr. Amand Sood, .
Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. M.A. Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
We have perused the report of the Chairman District Legal Services Authority, Solan, HP, which reads as under:
"In compliance to the directions of the Hon'ble High Court of Himachal Pradesh, Shimla vide order dated 2.1.2018 passed in CWPIL No. 275 of 2017, I visited and inspected the old ESI Building at Chambaghat, Solan, HP on 3.1.2018 at 4.30 PM. The patients suffering from leprosy and other patients of similar category have been temporarily shifted in the premises. At the time of inspection, 15 male inmates and 3 female inmates were found present. There was no caretaker in the leprosy home at the relevant time except two female workers who were working in the makeshift kitchen. The detailed inspection report is being submitted point-wise:-
(i) The temporary leprosy home is housed ion the old ESI building at Chambaghat which is adjoining to Kalka- Shimla. National Highway near Railway crossing. It consists of two rooms, i.e., one big hall and a small room alongwith kitchen and two toilets.
(ii) The temporary leprosy home has been repurposed to fit bunch of beds in these two rooms. In the big room/hall, 15 beds have been adjusted and in the adjoining room meant for female inmates, 3 beds have been kept.
(iii) The temporary leprosy home is running in an accommodation which is grossly insufficient for the inmates. There is little room for the free movement of the inmates in the big room/hall.
(iv) The kitchen is being run in a makeshift area with no proper facilities, construction material was also seen lying inside that area.
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(vi) The inmates of leprosy home informed me that the Medical Officer Incharg rarely visits them and is least .
responsive to their medical needs and requirements.
(vii) The temporary leprosy home has poor infrastructure and abysmal hygienic condition and dismal sanitation.
It lacks open space for the movement and sitting of the inmates. The rooms of the inmates were stinking due to lack of cleanliness. The bathroom and toilets are also inadequate keeping in view of the strength of the inmates.
After having visited and inspected the entire accommodation, the facilities provided to the inmates of r temporary leprosy home are not satisfactory and much needs to be done for their comfortable and hygienic stay.
The report alongwith a list of indoor leprosy patients, as desired is being submitted for your kind perusal"
Before any further order is passed, we are of the considered view that let Special Secretary (Home), Government of Himachal Pradesh visit the Hospital and take all remedial measures required and remove the deficiency, as pointed out by the Chairman, District Legal Services Authority, Solan, HP.
Registry is directed to get photocopy of report of the Chairman, District Legal Services Authority, Solan, HP, received through fax and also supply the same to the learned counsel for the parties.
List on 9th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
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05.01.2018. Present: Mr. J.L. Bhardwaj, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. M.A.
.
Khan, Additional Advocate General with Mr. Anup Rattan and Mr. Varun Chandel, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondent/ State.
Mr. Vivek Sharma, Advocate, for respondent No.2.
Mr. Hamender Chandel, Advocate, for respondent No.4. Mr. T.S Chauhan, Advocate, for respondent No.5.
Mr. Vivek Sharma, Advocate, states that though inspection is in progress, however, such of those premises which stand inspected thus far, at least in 67 cases, it was found that electricity supply was misused inasmuch as connection was for domestic purpose but used for commercial purpose.
Mr. T.S. Chauhan, Advocate, assures the Court that 11 persons who are running business of washing automobiles without consent to operate, shall be informed of their statutory duties to comply with the Environmental Laws and also obtain permission for consent to operate. Let needful be done within two weeks. He further states that action for disconnection of electricity against one Hotel by the name, "Bye Pass Dhaba"
has already been initiated.
Mr. Vivek Sharma, Advocate, to do the needful within 24 hours. Let the affidavit be filed before the next date.
List on 9th January, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) January 05, 2018. Judge.
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