Himachal Pradesh High Court
Sanjeev Chauhan vs . Uoi & Ors. on 4 April, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Sanjeev Chauhan Vs. UOI & Ors.
CWP No.1274 of 2019
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04.04.2023 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Karun
Negi, Advocate, for the petitioner.
None for respondent No.1.
Ms. Shreya Chauhan, Advocate, for respondent No.2.
Mr. Rupinder Singh Thakur and Mr. Navlesh Verma, Additional Advocates General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondents No. 3 and 5 to 7. Mr. Pawan K. Sharma, Advocate, for respondent No.4.
Reply to the writ petition has been filed on behalf of respondents No.5 to 7. This reply, inter alia, states as under: -
".......a members of the committee visited the site at Mouja Bisha on dated 04.03.2002 (copy of the report annexed as Annexure R/7-1) and as per the inspection report found during the Joint Inspection that the houses situated on the hilltop in front of Utopia Hotel are in the most fragile and danger zone and due to cutting on the hillside, the entire hill is at the verge of sliding down causing huge damages to the houses situated on the top. Besides, pillars of some houses are hanging in the air and may give way anytime.
........It is further submitted that the feasibility report and the detailed proposal is still awaited from respondent No.2 and further action in the matter will be taken only after the submission of detailed proposal by the Project Director, NHAI, PIU, Shimla (Respondent No.2).
.........The Chairperson of the committee i.e. Respondent No.6 after the detailed discussion in the ::: Downloaded on - 04/04/2023 20:38:16 :::CIS meeting held on dated 11.10.2022 directed the Project Director, NHAI to submit a detailed proposal .
in this regard so that the grievances of the affected families are resolved once for all. It is further submitted that the feasibility report and the detailed proposal is still awaited from respondent No.2 and further action in the matter will be taken only after the submission of detailed proposal by the Project Director, NHAI, PIU Shimla (Respondent No.6)."
2. r to In the compliance affidavit filed on behalf of the Deputy Commissioner Solan, District Solan, H.P., it has been submitted that the Project Director, NHAI in compliance to the directions given in the meeting held on 11.10.2022, had submitted feasibility report regarding construction of damaged pathway/link road leading to the houses situated on the hilltop in Mouja Bisha (opposite Utopia Hotel). On ground survey, it was observed that the construction of path/road 160 meters of length is feasible as per the index map. Large number of trees are standing on the proposed path alignment Requisite permission, therefore, would be required from the Forest Department. In order to identify the land for the proposed path, the NHAI sought demarcation of the land and the same has been fixed on 06.04.2023, so that permission could be obtained from the Forest Department and other agencies. Paragraph -5 of the compliance affidavit reads as under: -
"5. That the feasibility report submitted by the NHAI has been examined and after due consideration, ::: Downloaded on - 04/04/2023 20:38:16 :::CIS the deponent directed the NHAI to apply formally to the concerned authorities for demarcation of .
the land on the spot so as to ascertain as to whether any private land was also coming in the way of alignment of the proposed path/link road up to the damaged site. The deponent further directed the NHAI to ascertain on the spot as to whether or not land of the building owners was also damaged while constructing the four lane road and in case, any private land comes in the way of the proposed alignment, necessary steps for its acquisition may also be taken by the NHAI and a report to this effect be submitted to the Deponent as well as CALA-cum-SDM, Solan alongwith the actual spot map."
3. Let respondent No.2- NHAI to responsibly respond to the above averments within a week. The action taken by the NHAI for resolving all genuine grievances of the petitioner, including damages payable to him, shall also be indicated in the response.
List the matter on 19.04.2023, when respondent No.-2 NHAI and respondents No.5 to 7 shall file their fresh compliance affidavits.
Jyotsna Rewal Dua Judge April 4, 2023 (R.Atal) ::: Downloaded on - 04/04/2023 20:38:16 :::CIS