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Himachal Pradesh High Court

Jagdish Vats (Since Deceased) vs Of on 3 May, 2016

Bench: Chief Justice, Tarlok Singh Chauhan

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                         CWP No. 5893 of 2011




                                                             .

                                         Decided on: 03.05.2016





    Jagdish Vats (since deceased)                        ...Petitioner.

                                Versus




                                      of
    The State of Himachal Pradesh and others             ...Respondents.

    Coram         rt
    The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    Whether approved for reporting?


    For the petitioner:      Mr. Rajnish Maniktala, Advocate.

    For the respondents:     Mr. Shrawan Dogra, Advocate Geneal,




                             with Mr. Anup Rattan, Mr. Romesh
                             Verma & Mr. M.A. Khan, Additional





                             Advocate Generals, for respondents
                             No. 1, 3, 4, 6, and 7.





                             Mr. Ashok Sharma, Assistant Solicitor
                             General of India, with Mr. Ajay
                             Chauhan, Advocate, for respondents
                             No. 2, 8 and 9.

    Mansoor Ahmad Mir, Chief Justice. (Oral)

It is a moot question - whether the writ petition is maintainable? We leave this question open.

2. We have gone through the affidavit filed by the Director, Meteorological Centre, Bibra House, Cliff­end­Estate, .

Shimla and also the communication, which has been placed on record, made by the Assistant Meteorologist­I (Legal) to the then learned Assistant Solicitor General of India, which do of disclose that the possession of the land was to be taken over by Indian Meteorological Department through CPWD and the rt Detailed Project report, as prepared, was to be submitted to the Ministry of Earth Sciences for approval.

3. It is apt to reproduce the relevant portion of the communication (supra) herein:

"The cost of land i.e. Rs. 7,25,17,656 (Rs. Seven crore twenty five Lakhs seventeen thousand six hundred fifty six only) for DWR at Shimla has been paid by India Meteorological Deptt. (IMD) on 26th June, 2013.

The above site shall need construction of requisite facilities for the installation of DWR after taking possession of land by IMD through CPWD.

Detailed Project Report (DRP)/SFC as prepared in the matter has been submitted to the Administrative Ministry i.e. Ministry of Earth Sciences for approval and is pursued on priority."

4. It is worthwhile to record herein that the said communication relates back to the year 2013. It is not known .

whether the respondents have done the needful, are directed to do the needful within eight weeks and report compliance.

5. The writ petition is disposed of accordingly of alongwith all pending applications.

                                           (Mansoor Ahmad Mir)
                       rt                      Chief Justice

                                          (Tarlok Singh Chauhan)
                                                   Judge
    May 3, 2016
         ( rajni )








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