Himachal Pradesh High Court
Gmr Bajoli-Holi Hydro Power Pvt. Ltd vs State Of H.P. And Others on 7 December, 2015
Bench: Mansoor Ahmad Mir, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4281 of 2015
Decided on: 07.12.2015.
.
GMR Bajoli-Holi Hydro Power Pvt. Ltd. ..........Petitioner.
versus
State of H.P. and others. ...........Respondents.
___________________________________________________________________
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr.Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?
of
For the Petitioner: Mr.K.D. Shreedhar, Senior Advocate, with
Mr.Yudhvir Singh, Advocate.
For the respondents: Mr.Shrawan Dogra, Advocate General, with
rt Mr.Anup Rattan & Mr.Romesh Verma,
Addl.A.Gs., and Mr.J.K. Verma, Dy.A.G.
________________________________________________________
Mansoor Ahmad Mir, C.J. (Oral)
By the medium of this writ petition, the petitioner-Company has prayed that respondents No.1 to 6 be directed to declare the project area as a prohibited area within the meaning of Section 144 of the Code of Criminal Procedure, 1973, (for short, Cr.P.C.).
2. We have examined the averments contained in the writ petition as also the replies filed to the writ petition.
3. It appears that some orders have been made by the concerned Authorities whereby and whereunder police personnel are deployed on the project site and, perhaps, the salary of such police personnel is also being borne out by the petitioner-Company. Still, the grievance of the petitioner-Company has not been redressed completely, as averred. The petitioner-Company is apprehending unlawful activity at the project site due to which it would not be in a position to take the work to its logical end.
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4. It also appears that the petitioner-Company approached the .
Deputy Commissioner, Chamba in terms of Section 144 of the Cr.P.C., but no order has been passed so far by the said Deputy Commissioner.
5. Section 144 of the Cr.P.C. empowers a District Magistrate to pass orders and also contains a mechanism how to make the of orders/directions.
6. In view of the facts discussed hereinabove, read with the documents placed on the record, and particularly, the affidavits filed by the rt Deputy Commissioner and the Superintendent of Police concerned, we deem it proper to dispose of the writ petition by directing the Deputy Commissioner concerned to examine the case of the petitioner-Company in terms of Section 144 of the Cr.P.C. and pass appropriate orders, within a period of three weeks from today, after hearing all the parties concerned, and report compliance before the Registrar (Judicial) by or before the next date of hearing. Ordered accordingly.
7. Pending CMPs, if any, also stand disposed of.
Copy dasti.
(Mansoor Ahmad Mir) Chief Justice.
December 07, 2015 (Tarlok Singh Chauhan)
(Tilak) Judge
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