Himachal Pradesh High Court
Unknown vs State Of Hp. Application on 9 May, 2018
Bench: Sanjay Karol, Sandeep Sharma
CWPIL No. 4 of 2017.
01.05.2018. Present: Ms. Rubeena Bhatt, Advocate, vice counsel for Mr. .
Bimal Gupta, Sr. Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Tara Singh Chauhan, Advocate, for respondent No.9.
Additional r Advocateto As prayed for by Mr. Ranjan Sharma, learned General, matter is adjourned for compliance of earlier order. List on 21st May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWP No. 960 of 2018.
01.05.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ajay .
Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
As prayed for, let corrected memo of parties be filed during the course of the day.
CMP No.3789/2018.
Allowed and disposed of.
CWP No. 960/2018.
Issue notice. Mr. Adarsh Sharma, learned Additional Advocate General waives notice on behalf of respondent No. 1.
Dasti notice be issued to respondent No.2, returnable for 8 th May, 2018. Steps, complete in all respect, be taken within two days. List on 8th May, 2018. In the meantime, appearing respondent may file the reply.
CMP No. 3790/2018.
Notice in the aforesaid terms. Any action taken shall be subject to the outcome of the present writ petition.
Dasti copy.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWP No. 646 of 2018.
01.05.2018. Present: Mr. Avinash Jaryal, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ajay .
Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State.
Mr. Vijay Arora, Advocate, for respondent No.2.
A letter, at Flag 'A' has been addressed in the name of the Hon'ble Chief Justice by the villagers of village Moukhari Sugadi & Chadipul Gram Panchayat Radi PO Radi sub-Tehsil Dharwala District Chamba, H.P., which is treated as CMP. Registry is directed to register the same.
Mr. Vijay Arora, Advocate, who normally appears for respondent No. 2, namely, National Hydroelectric Power Corporation, Chamera Hydro Power Station 1st Stage Khairi Tehsil Dalhousie Distrtict Chamba, H.P. is directed to obtain instructions with regard to the contents of the said letter.
Registrar (Judicial), of this Registry to supply copy of the said letter to the learned counsel for the parties.
List on 4th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWP No. 689 of 2018.
01.05.2018. Present: Mr. Shrawan Dogra, Sr. Advocate with Ms. Nishi
Goel, Advocate, for the petitioner.
.
Mr. Aman Sood, Advocate, for the respondents.
List on 2nd May, 2018, before the same Bench.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWPIL No. 67 of
2018.
01.05.2018. Present: Ms. Charu Bhatnagar, Advocate, as Amicus Curiae.
.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Record pertaining to investigation of FIR No. 29 of 2017, dated 15.4.2017 under Sections 363 and 366, Indian Penal Code registered in Police Station Parwanoo District HP and transferred to Women Police Station B.C.S. New Shimla, HP, be made available on the next date of hearing when the Investigating Officer, shall also personally remain present in Court.
List on 4th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWPIL No. 270 of
2017.
02.05.2018. Present: Mr. B.C. Negi, Sr. Advocate as Amicus Curiae with
.
Mr. Arjun Lall, Advocate.
Ms. Neha Negi, vice counsel for Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India for respondent No.1/Union of India.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Prince Chauhan, Advocate, respondents No. 2 and 6.
Mr. T.S. Chauhan, Advocate, for respondent No.9.
Mr. B.C. Negi, learned Amicus Curiae has placed on record copy of Project Guidelines with MOU, so issued by the Ministry of Tourism, Government of India, suggesting the measures which the Department of Tourism, Government of Himachal Pradesh can possibly take.
Let respondents respond to the same and if necessary, take necessary consequential action.
Further, Mr. B.C. Negi, learned Amicus Curiae states that awareness drive for protection, conservation and cleanliness of Kalka-Shimla Railway line is being undertaken by the Himachal Pradesh State Legal Services Authority alongwith other stake holders. Such programme is scheduled to be held on 12th May, 2018.
List the matter on 15th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 02, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:15 :::HCHP CWPIL No. 68 of 2018.
02.05.2018. Present: Mr. Devan Khann, Advocate as Amicus Curiae.
.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma, Additional Advocate Generals, for the respondents/State.
List on 8th May, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
r (Ajay Mohan
Goel)
May 02, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWPIL No. 54 of
2018.
03.05.2018. Present: Court on its own motion.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Hamender Singh Chandel, Advocate, for respondent No.4.
List on 9th May, 2018, alongwith CWP No. 1516 of 2017, as prayed for.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep
Sharma)
May 03, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:15 :::HCHP
CWP No. 1172 of
2017.
03.05.2018. Present: Mr. Ashok Kumar Thakur, Advocate, for the
.
petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Communication dated 3.5.2018, addressed by the Director Health Services, Himachal Pradesh to the Learned Advocate General, Himachal Pradesh, handed over by Mr. Adarsh Sharma, learned Additional Advocate General, across the Board, is taken on record.
From the aforesaid communication, it is evident that Smt. Santosh Kumari, a trained Dai has been deputed at C.H. Garli, District Kangra, HP and joined there on 2.5.2018 and that the permanent transfer of the said incumbent to C.H. Garli District Kangra, H.P. is under process.
List on 23rd May, 2018, before which date status report be fled.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:15 :::HCHP CWP No. 1095 of 2017.
03.05.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.
.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh, Advocate, for respondents No. 3 and 5.
Notices in this petition were issued on 29.5.2017.
Thereafter on 19.6.2017, respondents were directed to file response within one week but till date response has not been filed.
Let the response be positively filed within for weeks.
Rejoinder within four weeks thereafter. It stands clarified that in case, reply is not filed within the aforesaid period, the petition shall be heard on the basis of material available on record.
Registry is directed to reflect the names of all the learned counsel for the parties, in the cause list henceforth.
List on 23rd May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:15 :::HCHP CWP No. 982 of 2018.
03.05.2018. Present: Mr. G.R. Palsara, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 3936/2018.
Allowed and disposed of.
CWP No. 982/2018.
Admit.
Learned counsel for the petitioner submits that the encroached land is less than 5 bighas. Reply be positively filed within a period of four weeks. Rejoinder, if any, be filed within four weeks thereafter.
CMP No. 3937/2018.
During the pendency of the petition, parties shall maintain status quo qua impugned order dated 25.6.2016, passed by the Divisional Commissioner Mandi, District Mandi, HP in Case No. 126/2016, titled as Mohar Singh versus State of HP. Application stands disposed of.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 980 of 2018.
03.05.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Ms. Abhilasha Kaundal, Advocate, for the petitioners.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. J.L. Bhardwaj, Advocate, for respondent No.8.
List on 20th May, 2018, alongwith CWP No. 740 of 2018, as prayed for.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep
Sharma)
May 03, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 979 of 2018.
03.05.2018. Present: Mr.R.K. Bawa, Sr. Advocate with Mr. Ajay Sharma,
Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Hamender Chandel, Advocate, for respondent No.8.
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. 3926/2018.
Allowed and disposed of.
CWP No. 979/2018 & CMP No. 3927/2018.
The Commissioner, Municipal Corporation, Shimla is impleaded as party respondent No. 8 in the array of respondents.
Registry to carryout necessary correction in the memo of parties.
Let amended memo of parties be filed within one week.
Mr. Adarsh Sharma, learned Additional Advocate General waives notice on behalf of respondents/State and Mr. Hamnder Chandel, Advocate, waives the same on behalf of the newly arrayed respondent. Dasti notice be issued to respondent No.7 returnable for 24th May, 2018. Steps, complete in all respects, be taken within three days.
List on 24th May, 2018. Learned Additional Advocate General to obtain instructions in the meantime.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP May 03, 2018. Judge.
(cm) .
r to
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 977 of 2018.
03.05.2018. Present: Mr. B.N. Sharma, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 3911/2018.
Allowed and disposed of.
CWP No. 977/2018 & CMP No.3912/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
Learned counsel for the petitioner stated at the Bar that he is under instructions to submit that his client is ready to surrender the forest land/encroached land, wherein it is more than five bighas, in terms of the proposed Government policy.
His statement is taken on record.
Learned counsel for the petitioner to file affidavit within two weeks furnishing the details as to which portion of land the petitioner is willing to retain and which portion of the land will be surrendered by him. List this petition alongwith CWP No. 1093/2016.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 976 of 2018.
03.05.2018. Present: Mr. B.N. Sharma, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 3906/2018.
Allowed and disposed of.
CWP No. 976/2018 & CMP No.3907/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
Learned counsel for the petitioner stated at the Bar that he is under instructions to submit that his client is ready to surrender the forest land/encroached land, wherein it is more than five bighas, in terms of the proposed Government policy.
His statement is taken on record.
Learned counsel for the petitioner to file affidavit within two weeks furnishing the details as to which portion of land the petitioner is willing to retain and which portion of the land will be surrendered by him. List this petition alongwith CWP No. 1093/2016.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP Rev. Petition No. 22 of 2018.
03.05.2018. Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Sanjeev Bhushan, Sr. Advocate with Ms. Abhilasha Kaundal, Advocate, for respondent No.3.
List on 9th May, 2018, as prayed for. Writ record be also called for in the meantime.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep
Sharma)
May 03, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 954 of 2018.
03.05.2018. Present: Mr. Umesh Kanwar, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Adarsh Sharma, learned Additional Advocate General states that interim order dated 27.4.2018, stands fully complied with about which there is no dispute.
List on 28th May, 2018, the date already fixed. Reply by appearing respondents be filed in the meantime.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 859 of 2018.
03.05.2018. Present: Mr. B.N. Mehta, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
In terms of report of Registry, service of respondents No. 4 and 5 is awaited.
Reply by appearing respondents be filed within two r to weeks. Rejoinder within two weeks thereafter.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 778 of 2018.
03.05.2018. Present: Mr.K. B. Khajuria, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Tarun K. Sharma, Advocate, for respondents No. 3 and 5.
In terms of report of Registry, service of respondents No. 4 to 6 is awaited.
Reply by appearing respondents be filed within two weeks. Rejoinder within one week thereafter. List on 31st May, 2018 (Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 641 of 2018.
03.05.2018. Present: Ms. Poonam, vice counsel, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondents No. 3 and 4/Unionof India.
Let supplementary affidavit be filed by respondent No. 2 dealing with all the averments made in the writ petition.
Affidavit already filed, so to say, is vague and unspecific with regard to action taken report.
Response be filed by the others respondents within three weeks. Rejoinder within three weeks thereafter.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 608 of 2018.
03.05.2018. Present: Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. .
Nand Lal Thakur, Additional Advocate Generals, for the petitioners.
Mr. Simrat Bedi, Advocate, for the respondent.
Response be filed within two weeks. Rejoinder within two weeks thereafter. List on 17th May, 2018.
(Sanjay Karol) Acting Chief Justice.
r (Sandeep
Sharma)
May 03, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 587 of 2018.
03.05.2018. Present: Petitioner in person.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents No. 1 to 5/State. Mr. Rajesh Sharma, Assistant Solicitor General of India, for respondent No.3.
Mr. Hamender Singh Chandel, Advocate, for respondent No.4.
Response be positively filed within two weeks. List on 24th May, 2018.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep
Sharma)
May 03, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 504 of 2018.
03.05.2018. Present: Mr. Ajeet Jaswal, Advocate, for the petitioner.
Mr. Rajesh Sharma, Assistant Solicitor General of .
India for respondents/Union of India.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Steps for the service of respondent No. 6 not taken.
Be taken within one week. Thereafter notice be issued to the said respondent returnable for 24th May, 2018. In the meantime, response by appearing respondents be filed. List on 24th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 431 of 2018.
03.05.2018. Present: Ms. Ritika Jassal, Advocate, for the petitioner.
.
Mr. Kulwant Singh Katoch and Mr. Ashok Tanwar, Advocates, for respondent No.1. Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent No.2/State.
Respondent No. 1 has filed the reply. Reply on behalf of respondent No.2, as prayed for, be filed within two weeks, failing which, petition shall be heard on the basis of material available on record. Rejoinder to the reply filed by respondent No. 1 be filed within one week.
List on 24th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 419 of 2018.
03.05.2018. Present: Mr. Anup Rattan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Ajay Sipahiya, Advocate, for respondent No.6.
Talks of compromise between the private parties are in progress. As such, matter is adjourned by one week.
List on 9th May, 2018, as prayed for.
(Sanjay Karol)
r Acting Chief Justice.
(Sandeep
Sharma)
May 03, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 418 of 2018.
03.05.2018. Present: Mr. Anup Rattan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General .
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Ajay Sharma, Advocate, for respondent No.4.
Respondent No. 5 already ex parte.
Admit.
Issue post admission notice. Mr. Adarsh Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 1 to 3 and Mr. Ajay Sharma, Advocate, waives the same on behalf of respondent No.4.
List for hearing before the appropriate Bench in terms of current Roster on 16th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 03, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 990 of 2018.
04.05.2018. Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 3978/2018.
Allowed and disposed of.
CWP No. 990/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
Reply be filed within four weeks. Rejoinder within four weeks thereafter. List on 18th June, 2018.
CMP No. 3979/2018.
Notice in the aforesaid terms. In view of Clause-7 of the agreement for Medicine shop dated 22.3.2016 (Annexure P-1), prima facie, we find the impugned action to be illegal. As such, parties are directed to maintain status quo as of today.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 987 of 2018.
04.05.2018. Present: Mr. R.S. Chandel, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 3973/2018.
Allowed and disposed of.
CWP No. 987/2018 & CMP No. 3974/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 1 to 3. Dasti notice be issued to respondents No. 4 to 6 returnable for 21st May, 2018. Service be effected through respondent No.3. Steps, complete in all respects, be taken within two days.
List on 21st May, 2018. In the meantime, reply be filed by the appearing respondents.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 986 of 2018.
04.05.2018. Present: Mr. Neel Kamal Sharma, Advocate, for the petitioner.
.
Mr. Prashant Sharma, Advocate, for the
respondents.
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. 3971/2018.
Allowed and disposed of.
CWP No. 986/2018.
Issue notice. Mr. Prashant Sharma, Advocate waives notice on behalf of the respondents. Reply be filed within two weeks. Rejoinder within two weeks thereafter. List on 28th May, 2018.
CMP No. 3972/2018.
We are not inclined to grant any interim relief at this stage. As such, application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 646 of 2018.
04.05.2018. Present: Mr. Avinash Jaryal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Vijay Arora, Advocate, for respondent No.2.
Mr. Vijay Arora, Advocate, for respondent No. 2 points out that the communication addressed to this Court wrongly stands placed and registered as CMP in the present matter. It ought to have been placed in CWP No. 554 of 2018 titled as Lalit Thakur and others versus State of HP and others. Registry is directed to place the present CMP on the said file.
Reply, as prayed for, be filed within four weeks. Rejoinder within four weeks thereafter.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 763 of 2018.
04.05.2018. Present: Mr. Anil Chauhan, vice counsel for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for respondents No. 1 to 3.
Mr. Pranay Partap Singh, Advocate, for respondent No.4.
Mr. Parmod Singh Thakur, Advocate, for respondent No.5.
Mr. Ranjan Sharma, learned Additional Advocate General has placed on record communication dated 19 th April, 2018.
List on 21st May, 2018, as prayed for, by the learned counsel appearing for the petitioner. In the meanwhile, response be filed by the respondents, if so required and desired.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 466 of 2018.
04.05.2018. Present: Mr. Pushpinder Kumar, vice counsel, for the
petitioner.
.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1/Unio of India. Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu Bhatnagar, Advocate, for respondent No.2.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr.C.N. Singh, Advocate, for respondent No.5.
Rejoinder, as prayed for be filed within two weeks.
List on 21st May, 2018, as prayed for.
CMP No. 3770/2018.
Let translated/ typed legible copy of Annexures be filed within four weeks. Application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWP No. 192 of 2018.
04.05.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rakesh
Chauhan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Shrawan Dogra, Sr. Advocate with Ms. Nishi Goel, Advocate, for respondents No. 2 and 3.
List on 5th May, 2018, before the Division Bench Karol) r to which has already heard the matter.
(Sanjay Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWPIL No. 259 of
2017.
04.05.2018. Present: Mr. Bimal Gupta, Sr. Advocate, as Amicus Curiae,
.
with Mr. Vineet Vashishta, Advocate.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
The Chief Conservator of Forests, Rampur Bushehar, District Shimla is Impleaded as party respondent No. 5 in the array of the respondents. Registry to carryout necessary correction in the memo of parties.
In view of the averments made in para-1 (iv) of the affidavit dated 25th April, 2018, filed by respondent No.3 (Director General of Prisons & Correctional Services, Himachal Pradesh), it is expected of the Chief Conservator of Forests, Rampur Bushehar, District Shimla to process the case expeditiously and not later than four weeks from today, for onward completion of formalities by the State which, we are informed, shall positively be completed within a period of three weeks thereafter.
Let status report be filed within five weeks. List on 18th June, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 04, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWPIL No. 199 of
2017.
05.05.2018. Present: Court on its own motion.
.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents/State.
List on 10th May, 2018, to enable the Director, Panchayati Raj and Rural Development file his personal affidavit, indicating details with regard to the public representatives of Panchayati Raj Institutions, against home FIRs stand registered, under the various provisions of law.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 05, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWPIL No. 269 of 2017.
05.05.2018. Present: Ms. Jyotsna Rewal Dua, Sr. Advocate, as Amicus .
Curiae, with Ms. Charu Bhatnagar, Advocate.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents/State.
Mr. Rajesh Kumar Sharma, ASGI, for Union of India. Mr. Rahul Mahajan, Advocate, for Northern Railways. Mr. Hamender Chandel, Advocate, for MC Shimla. Mr. Tara Singh Chauhan, Advocate, for Pollution Control Board.
Mr. Sanjeev Kuthiala, Advocate, for respondent No.10-MC. Parwanoo.
The Director, Urban Development, Government of Himachal Pradesh has filed his affidavit dated 3 rd May, 2018, stating the position with regard to clusters formed within the State of Himachal Pradesh for the purposes of dealing with the municipal solid waste. The position as averred in the affidavit reads as under:
"Chart showing the status of Clusters Based on Technical Feasibility study conducted by a consultancy firms, under directions of HP State Pollution Control Board.
Sr. Name of Cluster Status of Solid Status of land
No. for which feasibility Waster
study conducted Management
Facility Plant
1. Baddi (including Baddi, Tenders floated on Land identified at Kenduval
Nalagarh & Parwanoo Towns) 22.1.2018 tender to be Malpur Panchayat,
opened on 3.5.2018 Baddi, District Solan
2. Mandi (including Technical Feasibility study Land identified at
Mandi, Sundernagar, Jogindernagar, being revised (to be Diargi Panchayat, under
Nerchowk, Karsog, Sarkaghat & completed by 15.5.2018) Balh Tehsil District Mandi,
Rewalsar Towns) (Tender to be floated by
31.5.2018)
3. Ghumarwin/Hamirpur Technical Feasibility Study Land identified at Jungle
(including Ghumarwin, Talai, Naina under progress ( to be Fetidhar in Fatoh
Devi, Bilaspur, Hamirpur & Bhota completed by 31.5.2018) Panchayat in Ghumarwing
Towns) Tehsil District Bilaspur.
4. Kangra ) for Kangra and Nagrota Technical Feasibility Study Land identified at Rajhiana
Towns) to be conducted by 31.5.2018 Khas, in Raunkhar
Panchayat Near Nagrota
Bagwan District Kangra.
5. Chamba ( for Chamba Town) Technical Feasibility study Land identification is in
to be conducted by 31.5.2018 progress.
6. Rohroo (for Rohroo Town) Technical Feasibility study Land identification is in to be conducted by progress.
31.5.2018
7. Rampur (for Rampur and other Technical Feasibility study Land identification is in nearby Panchayats) to be conducted by 31.5.2018 progress."
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP -2-.
2. Insofar as, identification of land is concerned, we notice that at four places, i.e., Baddi, Mandi, Kangra and Ghumarwin/Hamirpur, land stands identified. Land with respect to clusters at Chamba, Rohroo and Rampur Bushehar, has yet not been identified.
3. Well, we see no reason as to why this process cannot be speeded, for the situation cannot be more grave as stands admitted by the Director, Urban Development, Government of Himachal Pradesh in para 6 of the affidavit, which reads as under.
"6.That it is pertinent to mention here at this stage that in all 54 Urban Local Bodies (ULB's) of the State, the total waste generated is 342 Tones per day approximately. For collection of this waste, the work of Door-to-Door Garbage collection is being done in 252 Wards out of total 499 Wards (under all Urban Local Bodies ion the State). In other places, the work of garbage collection is done through Community-bins placed at different locations in the towns.
Approximately 25% of the total waste collected is being treated in 4 Compost Plants which are functional at Hamirpur, Manali, Nahan & Kullu and 1 Energy Plant functional at Shimla. However, the chart showing the details of Door to Door garbage collection works performed in all Urban Local Bodies in the State is placed at Annexure R-1/6"
4. There is no provision for dealing with 75% of the total municipal solid waste generated each day.
5. The process for identification of land is required to be completed by the Agencies hired by the H.P. State Pollution Control Board. Also, we notice that the process ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP -3- of study for technical feasibility has yet not been .
completed. The Board itself has fixed time for completing the said process. As such, we direct that under all circumstances, the process for identification of land, if not already done, as also the completion of technical feasibility study, be completed on or before 31 st May, 2018, as indicated in the affidavit of Director, Urban Development, Government of Himachal Pradesh, itself.
6. We notice that two firms, i.e., Quercus Group, Denmark and Development Environergy Services Ltd.
(DESL) Delhi stand appointed by the Himachal Pradesh State Pollution Control Board for all the clusters in the State of Himachal Pradesh.
7. With respect to cluster at Baddi, for which tenders were floated and opened on 3.5.2018, Shri Ranjan Sharma, learned Additional Advocate General states that since there was only a single bidder, the process of technical valuation is underway.
8. We direct the State to take decision with respect to the same, positively within a period one week from today.
9. Shri Tara Singh Chauhan, Advocate, for the H.P. State Pollution Control Board points out that post-
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP -4-identification of the land, under the Environment Impact .
Assessment (EIA) Notification dated 14th September, 2006, public hearing is required for the reason that project would fall under the category (B1 or B-2).
10. On this issue, learned counsel for the parties invites our attention to the order dated 26.4.2013 passed by a Coordinate Bench of this Court in CWP No. 56 of 2009, titled Court on its own motion versus State of Himachal Pradesh and others, which reads as under:
"We have heard the counsel appearing for the respective parties.
The issue, that we need to address in this order, is whether the Corporation can be permitted to commission the Solid Waste Management Project ( in short SWMP) for Shimla City, which is stated to be ready in all respects since January 2012.
2. It is common ground that the trial run of the project was conducted on 15.01.2012 and since then the same is being used on trial basis. The Corporation, however, is not in a position to formally commission the project because of the objection raised by the State Environment Appraisal Committee (SEAC). According to the said Committee, the question as to whether the project is covered under Category B1 or B2, was required to be considered in the first place in terms of order dated 21.09.2012 passed by this Court in the present petition. The Committee has examined that question and is of the opinion that the project is covered by Category B1 and for that purpose, will have to resort to the public hearing before giving clearance to the Corporation for commissioning the project.
3. It is not in dispute that the question regarding establishment of SWMP was under active consideration of the Corporation for Shimla City and the proposal was also considered at the highest level in Environment Ministry, Government of India, as back in March 2007. The Environment Ministry finally granted inprinciple clearance for establishment of SWMP for the City of Shimla at the stated location which is situated in forest area. That in principle decision was granted in February 2010 and ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP finally environment clearance in that regard has been issued by the Ministry of Environment on 19.04.2010. Only thereafter the 5 .
Corporation took further steps and invited tenders for setting up the SWMP at the approved location by Public Private Participation Mode. The Corporation then proceeded to appoint the contractor, who in turn, has already invested more than ` 8 crores for setting up the SWMP. As stated earlier, the said Project is ready in all respects and trial run has been conducted as back in January 2012. The formal commissioning of the Project will have to be now done by the Corporation which is deferred because of approval awaited from the Committee.
4. In the peculiar facts of the present case, we are of the considered opinion that the Committee should not delay the issuance of clearance for commissioning the Project as requested by the Corporation; and in any case, it cannot insist for following the procedure of public hearing at this stage as precondition for issuing the clearance certificate. As a matter of fact that procedure ought to precede the commencement of the work of the Project and not after the work is completed and the Project is ready in all respects. Moreover, it is stated across the Bar, by the counsel appearing for the Ministry of Environment, Government of India, that the Government of India has already set up a Committee to evaluate the Projects and for its categorization. It is that Committee, who, at best, can be said to be competent to examine the question as to whether the SWMP established by the Corporation for Shimla City, falls within the Category B1 or B2. In any case, the categorization of the Project will be insignificant in the fact situation of the present case, considering the fact that the Project has already been completed in all respects and the trial run thereof has been done as back as since January 2012.
5. It is not in dispute that the present petition is pending in this Court since December 2009 and all steps have been taken by the Corporation in terms of the directions issued by this Court from time to time. Besides, pendency of this petition as aforesaid, the Corporation issued public notice inviting offers from the interested contractors for construction of the plant. In other words, the issue has been in public domain since quite some time and it is too late to resort to public hearing as is insisted upon by the said Committee.
6. As a result, in the peculiar facts of this case, in the larger public interest, we direct the Committee to process the proposal submitted by the Corporation for grant of clearance without insisting for procedure of public hearing. Indeed, the Committee is free to examine other technical aspects, if any, before grant of ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP such clearance. That shall be done within four weeks from today and compliance report submitted to this Court before the next date. Upon receipt of communication from the Committee, the .
Corporation will proceed in the matter in accordance with law.
6
7. We restate that we are inclined to take this view in the fact situation of the present case, as the Project has been established by the Corporation and after obtaining necessary clearances from the Ministry of Environment, Government of India.
8. Place this petition for further directions on 27 May, 2013. Copy dasti."
th
11. We find the circumstances, at this point in time to be similar, to be in existence, as stand noticed in the order reproduced (supra).
12. Noticeably, in the State of Himachal Pradesh, perhaps, at this point in time, there is only one Solid Waste Management Treatment Plant, at Shimla, which too, was established with the intervention of this court, to cater the need of Shimla town. In this backdrop, we find that the public hearing needs to be dispensed with.
Ordered accordingly.
13. At this point in time, Mr. Hamender Chandel, Advocate, for the Municipal Corporation, Shimla points out that technology used for establishing the plant in Shimla is treating the waste to generate energy and impetus must be given to propagate and promote such like plant, more so, keeping in view the policy framed by the Government of India.
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP14. Well, we are sure, this aspect shall positively be considered by the State.
.
-7-15. We direct the Chief Secretary, Government of Himachal Pradesh to convene a meeting of all the stakeholders and take a decision with regard to the latest technology, which is viable, more efficient and environment friendly, while calling tenders for setting up of the plants.
16. Suggestions in this regard can be called from various sectors through E-mails.
17. In this regard, affidavit of the Chief Secretary, Government of Himachal Pradesh be filed within two weeks.
18. At this stage, Shri Sanjeev Kuthiala, Advocate, for Municipal Council Parwanoo (respondent No.10), states that they have been pursing the matter with one such entrepreneur by the name of Shri Shyam Industries.
Let the authorized representatives of the said entrepreneur remain present in Court on 8th May, 2018.
List on 8th May, 2018.
(Sanjay Karol) Acting Chief Justice.
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP (Ajay Mohan
Goel)
May 05, 2018. Judge.
(cm)
.
r to
::: Downloaded on - 10/05/2018 23:12:16 :::HCHP
CWPIL No. 118 of 2017.
05.05.2018. Present: Mr. Praneet Gupta, Advocate, as Amicus Curiae.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents/State.
.
Mr. Hamender Chandel, Advocate, for MC Shimla.
Mr. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu Bhatnagar, Advocate, for respondent No.6. Mr. Ail Chauhan, Advocate, for respondent No.7.
Mr. Aman sood, Advocate, for respondent No.9. Ms. Vandana Misra, Advocate, for the applicant.
Yesterday, this Court was apprised of the fact that in and around Mashobra hamlet, several unauthorized multiple storied constructions have come up over night and none has bothered to check the same. It is in this backdrop, the matter was ordered to be listed today.
We direct the Chairman, Special Area Development Authority (SADA), Kufri, Deputy Commissioner, Shimla and Commissioner, Municipal Corporation, Shimla to carry out joint inspection of all the newly built up structures/structures which are under construction and ascertain the factual position with regard to any illegality or irregularity being carried out in the course of such construction.
Let report in this regard be positively filed before the next date.
Mr. Ranjan Sharma, learned Additional Advocate General and Mr. Hamender Chandel, Advocate, for the Municipal Corporation, Shimla undertake to communicate the order to the aforesaid authorities on telephone and through electronic mode.
List on 8th May, 2018. Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 05, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CR No. 3 of 2017.
07.05.2018. Present: Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for the petitioner/Union of India.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents. Parties to complete the pleadings within six weeks.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 4524 of 2015.
07.05.2018. Present: Mr. Tek Chand vice counsel for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. T.S. Chauhan, Advocate, for respondents No. 2 to 5.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of respondent No. 1 and Mr. T.S. Chauhan, Advocate, waives the same on behalf of respondents No. 2 to 5. Parties to complete the pleadings within six weeks.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWPIL No. 8 of 2015.
07.05.2018. Present: Mr. Aman Sood, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. .
Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State. Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh, Advocate, for respondent No.8. Mr. Vikrant Thakur, Advocate, for HPSEB.
Mr. Devan Khana, Advocate, Local Commissioner.
On the request of Mr. Devan Khanna, Advocate, who is Local Commissioner in this matter, the Principal Secretary, Town and Country Planning), Government of Himachal Pradesh and the Director Town and Country Planning, Shimla, are impleaded as party respondents No. 10 and 11. Registry to carry out necessary correction in the memo of parties.
Issue notice to the newly impleaded respondents. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the said respondents.
Report of the Local Commissioner (4 Vols.) stands taken on record, during the course of hearing.
Mr. B.C. Negi, learned Senior Advocate states that the expenses for preparation of the report shall be borne by respondent No.8 (The Municipal Corporation Dharamshala through its Commissioner).
Let the State get the photocopies of the report of the Local Commissioner prepared and supply to all the learned counsel for the parties.
Response to the report be positively filed within a period of one week. List on 14th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 947 of 2018.
07.05.2018. Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Aman Sood, Advocate, for respondent No.3. Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.4.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 1 and 2, Mr. Aman Sood, Advocate and Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, waive the same on behalf of respondents No. 3 and 4 respectively. Reply be filed within four weeks. Rejoinder within four weeks thereafter.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP CWP No. 676 of 2018.
07.05.2018. Present: None for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State.
Despite repeated calls, no one has put in appearance on behalf of the petitioner. The petition is dismissed in default and for non-prosecution.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:16 :::HCHP LPA No. 281 of 2010.
07.05.2018. Present: Mr. P.P. Chauhan, Advocate, for the appellant.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Ms. Nishi Goel, Advocate, for respondent No.4.
CMP No. 3877/2018.
For the reasons so assigned in the application, the same is allowed. Order dated 7.1.2018, dismissing the appeal for non-prosecution, without reference to the Court, is recalled.
The appeal is restored to its original number and position.
Application stands disposed of.
List the appeal on 8th May, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 247 of 2018.
07.05.2018. Present: Mr. Satyen Vaidya, Sr. Advocate, with Mr. Vivek Sharma, Advocate, for the petitioner.
.
Mr. P.P. Chauhan, Advocate, for respondent No.1.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State.
Admit.
Issue post admission notice. Mr. P.P. Chauhan, Advocate, waives notice on behalf of respondent No.1 and Mr. Ranjan Sharma, learned Additional Advocate General waives the same on behalf of respondent No.2.
Reply be filed within four weeks. Rejoinder within four weeks thereafter. Hearing be expedited.
Interim order passed on 24.1.2018, is made absolute.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CMP(M) No. 364 of 2018.
07.05.2018. Present: Ms. Kiran Dhiman, vice counsel for the petitioner.
.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Aman Sood, Advocate, for respondents No. 2 to 4. Issue notice. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, waives notice on behalf of respondent No. 1 and Mr. Aman Sood, Advocate waives the same on behalf of respondents No. 2 to 4.
Reply be filed within four weeks. List on 11th June, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP OMP(M) No. 12 of 2018.
07.05.2018. Present: Mr. Aditya Sood, vice counsel for the appellant.
.
Mr. Diwan Singh, vice Ms. Vandana Kuthiala, Advocate, for the respondent.
OMP(M) No. 12 of 2018.
For the reasons set out in the application, the same is allowed. Delay of 12 days in filing the present appeal is condoned. Application stands disposed of.
r ITA No. of 2018.
Be registered.
Admit on the following substantial questions of law.
(a) Whether the Ld. Income Tax Appellate Tribunal is right in law and facts in holding that the amount received on acquisition of the property was to be assessed as short term capital gains, though admittedly appellant had never claimed depreciation and the said property had not been run by her whereas same had been given on lease?
(b) Whether after issuance of circular dated 25/10/2016 bearing No.25/10/2016 the amount received on acquisition of asset is taxable ion the eyes of law?
(c) Whether the order of the Ld. Income Tax Appellate Tribunal not having considered the factual matrix of the case in proper prospective suffers from perversity?
List in due course.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP C.R. No. 192 of 2017.
07.05.2018. Present: Mr. R.L. Verma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents. Reply be filed within four weeks. Rejoinder within four weeks thereafter. List in due course.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 869 of 2017.
07.05.2018. Present: Mr.Vijay Chaudhary, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for respondents No. 1 to 4.
None for respondent No.5.
Mr. Naresh Kaul, Advocate, for respondent No.6. Respondent No. 7 already ex parte.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 1 to 4 and Mr. Naresh Kaul, Advocate, waives the same on behalf of respondent No.6.
Reply be filed within two weeks. Rejoinder within two weeks thereafter. List in the Weekly Cause List commencing 1st June, 2018.
CMP No. 3064/2017.
Interim order passed on 2.5.2017, is made absolute.
Application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 868 of 2017.
07.05.2018. Present: Mr.Vijay Chaudhary, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for respondents No. 1 to 4.
None for respondent No.5.
Mr. Naresh Kaul, Advocate, for respondent No.6. Respondents No. 7 to 11 already ex parte.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 1 to 4 and Mr. Naresh Kaul, Advocate, waives the same on behalf of respondent No.6.
Reply be filed within two weeks. Rejoinder within two weeks thereafter. List in the Weekly Cause List commencing 1st June, 2018.
CMP No. 3062/2017.
Interim order passed on 2.5.2017, is made absolute.
Application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 07, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWPIL No. 278 of 2017.
08.05.2018. Present: Court on its own motion.
Mr. Ashok Sharma, Advocate General with Mr. J.K. .
Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State. Mr. Hamender Chandel, Advocate, for respondent No.3- Municipal Corporation, Shimla.
Mr. Anirudh Sharma, Advocate, for respondent No.5 Pollution Control Board.
Mr. Jaswant Singh, President SEHB Society with Mr. Dheeraj Kanwar, Abhishek Barowalia and Mr. Kunal Verma, Advocates for the SEHB Society.
Mr. Hamender Chandel, Advocate, for respondent No.3 (Municipal Corporation Shimla), points that out of 449 workers, 375 workers/garbage collectors have resumed their work. Three are on authorized leave and 71 workers/garbage collectors have not responded despite orders passed by this Court. Also, notification under the provisions of Essential Services and Maintenance Act, 1968 (ESMA) stands issued.
Further, out of 32 supervisors, 30 have joined and two have yet not joined.
Mr.Hamender Chandel, Advocate vehemently argues that time has now come to take action against the defaulters, who ex-facie, are in contempt of this Court. We are conscious of such fact.
Under instruction from Mr. Jaswant Singh, President of the Workers Society, M/s Dheeraj Kanwar, Abhishek Barowalia and Kunal Verma, Advocates, at this point in time request that action against the erring workers/defaulters be postponed and, at least, two days time be granted to them to resume their work of collecting garbage.
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP -2-Well, we are not inclined to grant two days' time and .
as such direct all the workers and the supervisors to resume their work latest by tomorrow (9.5.2018), unless some of them cannot join on account of bonafide/medical reasons.
We clarify that in all eventualities, all 71+2 workers/supervisors must resume their work within two days from today.
Let affidavit of compliance be filed by Mr. Jaswant Singh, who is president of the workers association before the next date.
List on 9th May, 2018 at 1.00 p.m. (Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 08, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWPIL No. 118 of 2017.
08.05.2018. Present: Mr. Praneet Gupta, Advocate, as Amicus Curiae.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Hamender Chandel, Advocate, for MC Shimla. Mr. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu Bhatnagar, Advocate, for respondent No.6. Mr. Anil Chauhan, Advocate, for respondent No.7.
Mr. Aman sood, Advocate, for respondent No.9.
Mr. J.K. Verma, learned Additional Advocate General states that officers shall positively visit the spot within one week. Report be submitted before the next date. List on 17th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 08, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWPIL No. 77 of 2017.
08.05.2018. Present: Mr. Varun Chauhan, vice Mr. Satyen Vaidya, Sr. .
Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Communication dated 7th May, 2018 from the Director General of Police, Himachal Pradesh addressed to the learned Advocate General Himachal Pradesh is taken on record and is reproduced as under:
"To The Advocate General, State of HP, Shimla 171 001.
No. Law-III- (17) CWPIL No.77/2017-18761 dated 7th May, 2018. Subject: CWPIL No. 77/2017-Court on its won motion Vs. State of HP Sir, In continuation of this office letter No. Law-III-(17) CWPIL No. 77/2017-18414, dated 5th may, 2018, on the above cited subject.
2. In this regard, it is intimated that the construction work of the storage facilities for ND & PS substance in the remaining districts of State are executed by HPWED through the contractors. The name of executive agencies and contractor thereof is as under:
Sr. Name of District Executive Agency Nam of contractor who has been given this task.
No.
1. Bilaspur Executive Engineer, HPPWD, Div-1 Bilaspur, Sh. Ashok Kumar 9816002085
2. Hamirpur Executive Engineer, HPPWD, Div-1 Hamirpur, Sh. Saurav Katoch 94187-91777
3. Dharamshala (Kangra) Executive Engineer, HPPWD, Div-1 Sh. Sanjay Kaistha 94181-22329 Dharamshala
4. Nurpur (Kangra) Executive Engineer, HPPWD, Div. Nurpur Tender Called for the fixing of volts and container and to be opened on 9.5.2018.
5. Mandi Executive Engineer, HPPWD, Div-1 Mandi Sh. Ajay Jamwal 94184-53379.
6. Una Executive Engineer, HPPWD, Div-1 Una Sh. Gulshan Rai 98161-232359 Yours faithfully, FOR DIRECTOR GENERAL OF POLICE, HIMACHAL PRADESH"
We implead Sh. Ashok Kumar at Sr. No. 1, Sh.
Saurav Katoch, at Sr. No.2, Sh.Sanjay Kaistha at Sr. No. 3, Sh. Ajay Jamwal, at Sr. No. 5 and Sh. Gulshan Rai at -2- ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP Sr. No. 6 of the aforesaid communication, as party respondents No. 10 to 14 in the array of the respondents.
.
Registry to carry out necessary correction in the memo of parties. Court notice be issued to the newly added respondents. Service be effected through the respective Executive Engineers.
List on 21st May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) May 08, 2018. Judge.
(cm) 77 ::: Downloaded on - 10/05/2018 23:12:17 :::HCHPCWP No. 1014 of 2018.
08.05.2018. Present: Mr. V.S. Chauhan, Advocate, for the petitioner.
.
Mr. Rajesh Kumar Sharma, ASGI, for respondents/Union of India.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 4125/2018.
Allowed and disposed of.
CWP No. 1014/2018 & CMP No. 4126/2018.
Issue notice. Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, waives notice on behalf of respondents No. 1 and 2 and Mr. J.K. Verma, learned Additional Advocate General waives the same on behalf of respondent No.3.
List on 15th May, 2018, as prayed for. Reply be filed in the meantime.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
CWP No. 1013 of
2018.
08.05.2018. Present: Mr. B.C. Negi, Sr. Advocate with Mr. Vinay Mehta,
.
Advocate, for the petitioner.
Ms. Devyani Sharma, Advocate, for respondent No.1.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent No.2/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.
CMP No. 4122/2018.
Allowed and disposed of.
CWP No. 1013/2018 & CMP No. 4123/2018.
Issue notice. Ms. Devyani Sharma, Advocate, waives notice on behalf of respondent No. 1 and Mr. J.K. Verma, learned Additional Advocate General waives the same on behalf of respondent No.2. Notice be issued to respondents No. 3 to 6 returnable for 19th June, 2018 on taking steps within one week.
List on 19th June, 2018. In the meantime, appearing respondents may file reply.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
CWP No. 1012 of
2018.
08.05.2018. Present: Mr. Neeraj Gupta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 4115/2018.
Allowed and disposed of.
CWP No. 1012/2018.
Issue notice. Mr. J.K. Verma, learned Additional Advocate General waives the same on behalf of respondents No. 1 to 4. Notice be issued to respondent No. 5 returnable for 12th June, 2018, on taking steps within one week.
List on 12th June, 2018. In the meantime, appearing respondents may file the reply.
CMP No. 4116/2018.
Notice in the aforesaid terms. Parties are directed to maintain status quo as of today. Dasti copy.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
CWP No. 1010 of
2018.
08.05.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, 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.
CMP No. 4106/2018.
Allowed and disposed of.
CWP No. 1010/2018 & CMP No. 4108/2018.
Issue notice. Mr. J.K. Verma, learned Additional Advocate General waives the same on behalf of respondents No. 1 to 3. Notice be issued to respondent No. 4 returnable for 12th June, 2018, on taking steps within one week.
List on 12th June, 2018. In the meantime, reply be filed by the appearing respondents.
CMP No.4109/2018.
Let legible copy /typed copies of Annexures be filed within four weeks. Application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
Cr.WPIL No. 1 of
2018.
08.05.2018. Present: Court on its own motion.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Issue notice. Mr. J.K. Verma, learned Additional Advocate General waives the same on behalf of the respondents/State.
r to List on 11th May, 2018. In the meantime, response be filed, failing which, Director General of Police, Himachal Pradesh shall personally remain present in Court.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
Cr.WPIL No. 2 of
2018.
08.05.2018. Present: Court on its own motion.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Issue notice. Mr. J.K. Verma, learned Additional Advocate General waives the same on behalf of the respondents/State.
r to List on 11th May, 2018. In the meantime, response be filed, failing which, Director General of Police, Himachal Pradesh shall personally remain present in Court.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
CWP No. 720 of 2018 a/w CWP
Nos. 823, 824, 839 and 871 of 2018.
08.05.2018. Present: Ms. Megha Kapoor Gautam, Advocate, for the .
petitioner.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh, Advocate, for Medical Council of India.
List on 9th May, 2018, as prayed for.
r to (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
LPA No. 281 of 2010.
08.05.2018. Present: Mr. P.P. Chauhan, Advocate, for the appellant.
.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Ms. Nishi Goel, Advocate, for respondent No.4.
Arguments heard. Judgment reserved.
(Sanjay Karol) Acting Chief Justice.
r (Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
CWPIL No. 269 of
2017.
08.05.2018. Present: Ms. Jyotsna Rewal Dua, Sr. Advocate, as Amicus
.
Curiae, with Ms. Charu Bhatnagar, Advocate.
Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma and Mr. Ranjan Sharma, Additional Advocate Generals, for the respondents/State. Mr. Rajesh Kumar Sharma, ASGI, for Union of India. Mr. Prince Chauhan, Advocate, for Northern Railways.
Mr. Hamender Chandel, Advocate, for MC Shimla.
Mr. Tara Singh Chauhan, Advocate, for Pollution Control Board.
Mr. Sanjeev Kuthiala, Advocate, for respondent No.10-MC. Parwanoo.
Mr. Sudhir Sharma, Executive Officer, MC Parwanoo.
Mr. Amit Verma, representative of Shri Shyam Industries in person.
Mr. Amit Verma, representative of Shri Shyam Industries, who is present in Court, states that all he needs to set up a totally economic friendly plant is 300 Sq. meters of land; water and electricity connection and no objection/approval from the H.P. State Pollution Control Board for establishing the plant with the compost technology.
Mr. Hamender Chandel, Advocate, for the Municipal Corporation Shimla, who is present in Court, expresses certain apprehension with regard to the said technology.
At this stage, we direct the project proponent to have a meeting with the Director Urban Development, Government of Himachal Pradesh, Member Secretary, ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP -2- HP State Pollution Control Board and the Executive .
Officer, Municipal Council, Parwanoo, on 10.5.2018 at 10.30 am at Parwanoo, who shall take a decision with regard to the establishment of such plant at Parwanoo.
We request Mr. Hamender Chandel, to depute a Technical exert from Municipal Corporation, Shimla to participate in the proceedings. The Committee may, perhaps consider entering into an arrangement with the project proponent for providing the land which can be handed back to the Municipal Council, in the event of project not taking off or being unsuccessful.
The project proponent states that he is ready and willing to bear all costs and shall set up the plant at his own risk and responsibility. Also, he shall bear all expenses for installation of water and electricity, if provided for the said project.
List on 21st May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
COPC No. 226 of
2017.
09.05.2018. Present: None for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita Goswami, Additional Advocate Generals, for the respondents/State.
Adjourned by four weeks.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 1026 of 2018.
09.05.2018. Present: Mr. Suneet Goel, Advocate, for the petitioners.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita Goswami, Additional Advocate Generals, for the respondents/State.
Learned counsel for the petitioners 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. 4182/2018.
Allowed and disposed of.
CWP No. 1026/2018 & CMP No. 4183/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
List on 13th June, 2018. In the meantime, reply be filed by the respondents.
Record be made available on the next date of hearing. Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 1019 of 2018.
09.05.2018. Present: Mr. Surinder Saklani, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita Goswami, Additional Advocate Generals, for the respondents/State.
Learned counsel for the petitioners 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. 4152/2018.
Allowed and disposed of.
CWP No. 1019/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
List on 13th June, 2018. In the meantime, reply be filed by the respondents.
CMP No. 4153/2018.
Notice in the aforesaid terms. In the meantime, parties are directed to maintain status quo as of today.
CMP No. 4154/2018.
Let typed/legible copies of Annexures be filed within four weeks. Application stands disposed of. Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 653 of 2018.
09.05.2018. Present: Mr. Ajay Vaidya, Advocate, for the petitioner.
.
Mr. Rajesh Kumar Sharma, ASGI, for respondents No. 1 and 2.
Mr. Prashant Sharma, Advocate, for respondent No.3.
List before a Bench in which one of us (Justice Sandeep Sharma, J.), is not a Member on 29th May, 2018.
(Sanjay Karol) Acting Chief Justice.
r (Sandeep
Sharma)
May 09, 2018. Judge.
(cm)
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP
CWP No. 640 of 2018.
09.05.2018. Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita Goswami, Additional Advocate Generals, for the respondents/State.
CWP No. 640/2018.
Learned counsel for the petitioner undertakes to comply with the earlier order within one week. Reply be filed within a period of two weeks. Rejoinder within two weeks thereafter.
r CMP No. 2501/2018.
Application is disposed by clarifying that tender process may go on. However, successful bidder be informed that award of work shall be subject to outcome of the present writ petition.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 639 of 2018.
09.05.2018. Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita Goswami, Additional Advocate Generals, for the respondents/State.
CWP No. 639/2018.
Learned counsel for the petitioner undertakes to comply with the earlier order within one week. Reply be filed within a period of two weeks. Rejoinder within two weeks thereafter.
r CMP No. 2498/2018.
Application is disposed by clarifying that tender process may go on. However, successful bidder be informed that award of work shall be subject to outcome of the present writ petition.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 628 of 2018.
09.05.2018. Present: Mr. Sunil Mohan Goel, Advocate, for the petitioners.
Mr. Ajay Vaidya, Sr. Additional Advocate General with .
Mr. J.K. Verma, Mr. Ranjan Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondents/State.
Admit.
Issue post admission notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents/State r to Reply be filed within six weeks. Rejoinder within six weeks thereafter.
CMP No. 2440/2017.
Interim order passed on 4.4.2018, is made absolute.
Application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP CWP No. 419 of 2018.
09.05.2018. Present: Mr. Anup Rattan, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. J.K. Verma, Mr. Ranjan Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondents/State.
Mr. Ajay Sipahiya, Advocate, for respondent No.6.
Learned counsel for the parties state at the Bar that compromise is in progress. As such, matter is adjourned.
List on 30th May, 2018. In the meantime, learned Additional Advocate General to ascertain as to whether they would construct the path in question or not.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) May 09, 2018. Judge.
(cm) ::: Downloaded on - 10/05/2018 23:12:17 :::HCHP .
::: Downloaded on - 10/05/2018 23:12:17 :::HCHP