Himachal Pradesh High Court
Unknown vs State Of Himachal on 31 October, 2017
Bench: Sanjay Karol, Ajay Mohan Goel
CW PIL 101 of 2017 31.10.2017 Present: Ms. Megha Kapoor Gautam, Advocate, as Amicus Curiae.
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Mr. Shrawan Dogra, Advocate General, with M/s. M. A. Khan and Romesh Verma, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents.
List on 14th November, 2017 alongwith CW PIL Nos. 96 and 121 of 2017.
(Sanjay Karol)
r Acting Chief Justice
(Ajay Mohan Goel)
Judge
October 31, 2017
(bhupender/guleria)
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CW PIL No. 16 of 2017
27.10.2017 Present: Ms. Seema K. Guleria, Advocate, as Amicus
Curiae.
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Mr. Shrawan Dogra, Advocate General, with Mr. Romesh Verma, Additional Advocate General and M/s. J.K. Verma & Kush Sharma, Deputy Advocate Generals, for respondents No. 1, 2, 4 and 5.
Mr. Hamender Chandel, Advocate, for respondent No. 3.
Mr. R.K. Bawa, Senior Advocate, with Mr. Jeevesh Sharma, Advocate, for respondent No. 6.
Mr. P.P. Chauhan, Advocate, for
r respondent No. 7.
Implementation of the compromise is in
progress. As such, as jointly prayed for, matter is adjourned.
List on 20th November, 2017.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 27, 2017 (bhupender/bss) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CW PIL No. 23 of 2017 27.10.2017 Present: Mr. Vikrant Thakur, Advocate, as Amicus Curiae.
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Mr. Shrawan Dogra, Advocate General, with Mr. Romesh Verma, Additional Advocate General and M/s. J.K. Verma & Kush Sharma, Deputy Advocate Generals, for the respondents.
Ambiguity in the affidavits, that of the Excise Department and the Deputy Commissioner, Shimla be clarified. Also, status with regard to liquor vends near St. Edward School and near the Sanitorium Hospital, Chaura Maidan, Shimla be explained by the Deputy Commissioner, Shimla.
List alongwith CW PIL No. 73 of 2017 on 3rd November, 2017.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 27, 2017 (bhupender/bss) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CWP No. 1522 of 2017 27.10.2017 Present: Mr. Vijender Katoch, Advocate, for the petitioners.
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Mr. Shrawan Dogra, Advocate General, with Mr. Romesh Verma, Additional Advocate General and M/s. J.K. Verma & Kush Sharma, Deputy Advocate Generals, for respondents No. 1 and 2.
M/s. K. S. Nalwa and Ajay Kumar Dhimal, Advocates, for respondent No. 4.
CWP No. 1522 of 2017On the request of learned counsel for the petitioner, list on 6th November, 2017, to enable him to complete instructions.
CMP No.5370 of 2017Interim order, dated 07.07.2017, is vacated with the modification that any work executed shall be subject to the final out come of the present writ petition.
Application stands disposed of.
Copy dasti.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 27, 2017 (bhupender/bss) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP Respondent(s) to file affidavit disclosing: (a) as to whether the judgment dated 02.09.2014, passed in CWP No. 5921 of 2014-C, titled as Kant Kumar Vs. State of Himachal .
Pradesh 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 judgment has yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Director Elementary Education, Himachal Pradesh, Shimla (respondent No. 2) shall personally remain present before the Court on the next date of hearing.
Learned Additional Advocate General, assures the Court that if in operation, the judgment 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. List on 22nd August, 2017 before the Additional Registrar (Judicial) for compliance of the order and thereafter before the Court on 29th August, 2017. Copy dasti.
::: Downloaded on - 10/11/2017 12:56:28 :::HCHP Contempt No. 274 of 201727.10.2017 Present: Mr. Virender Thakur, Advocate, for the petitioners.
Mr. Shrawan Dogra, Advocate General, .
with Mr. Romesh Verma, Additional Advocate General and M/s. J.K. Verma & Kush Sharma, Deputy Advocate Generals, for the respondents.
Respondent(s) to file affidavit disclosing: (a) as to whether the judgment dated 03.05.2017, passed in CWP No. 511 of 2016, titled as Mansa Devi & Another Vs. State of H.P. 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 judgment has yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Director Agriculture, Himachal Pradesh, Shimla (respondent No.
2) shall personally remain present before the Court on the next date of hearing.
Learned Additional Advocate General, assures the Court that if in operation, the judgment 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. List on 27th November, 2017 before the Additional Registrar (Judicial) for compliance of the order and thereafter before the Court on 4th December, 2017. Copy dasti.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 27, 2017 (bhupender/bss) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CWP No. 1702 of 2017 27.10.2017 Present: Mr. Rajnish Maniktala, Advocate, for the petitioner.
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Mr. Shrawan Dogra, Advocate General, with Mr. Romesh Verma, Additional Advocate General and M/s. J.K. Verma & Kush Sharma, Deputy Advocate Generals, for respondents No. 3 and 4.
Mr. Daleep Chand, Advocate, vice Mr. V.D. Khidtta, Advocate, for respondent No. 1.
Ms. Sunita Sharma, Advocate, for respondent No. 5.
r Response within three weeks. Rejoinder thereto within two weeks thereafter. List on 5th December, 2017.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 27, 2017 (bhupender/bss) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CW PIL No. 121 of 2017 27.10.2017 Present: Mr. Deven K. Khanna, Advocate, as Amicus Curiae.
Mr. Shrawan Dogra, Advocate General, .
with Mr. Romesh Verma, Additional Advocate General and M/s. J.K. Verma & Kush Sharma, Deputy Advocate Generals, for the respondents.
On a letter petition, this Court by taking suo moto cognizance, issued notice to the State. Also, an Amicus Curiae was appointed to assist.
2. It is not in dispute, as is evident from the material placed on record that at least ten green trees were allowed to be felled in and around the main Chaugan of Chamba town, a place having great historical importance and significance. The reason for felling of the trees, as emanating from the record, is that they were leaning. Whether they were otherwise dangerous and could have danger to public life or property or not is not substantiated by any material on record. Also, whether any trees were planted by way of compensatory measure or not is not emanating from the record.
3. Mr. Deven Khanna, learned Amicus Curiae invites our attention to the directions issued by this Court in LPA No. 152 of 2007, titled as H.P. State Forest Corporation Ltd. Vs. Ram Lal and others, wherein this Court has issued following directions:
"(1) There shall be no felling of any tree in any forest area in the State of Himachal Pradesh whether private or State Forest except in accordance with the orders given by the Apex Court.::: Downloaded on - 10/11/2017 12:56:28 :::HCHP
(2) The reports of the Committees appointed under the General Directions of the Apex Court given in its order dated .
12.12.1996 require the approval of the Apex Court.
(3) Report of the Committee constituted pursuant to direction No. 3 in respect of specific directions given to the State has to be complied by the State without any further orders from the Apex Court.
(4) The State Government is entitled either departmentally or through the State Forest Corporation to remove fallen trees or fell and remove diseased trees and dry standing timber except from areas notified under Section 18 or Section 35 of the Wild Life Protection Act or any other Act banning such felling or removal of trees.
(5) The State Government or any other authority executing a project shall be entitled to remove and fell trees in case permission has been taken under the provisions of the Forest Conservation Act and other laws applicable thereto. (6) That felling of trees in all forests shall remain suspended except in accordance with the working plans of the State Government approved by the Central Government.
(7) Removal of Khair trees from forest land is not permitted till clarification is obtained from the Apex Court.
::: Downloaded on - 10/11/2017 12:56:28 :::HCHP(8) The order of the Apex Court is applicable to forest lands only."
4. Our attention is further invited to judgment .
dated 4th November, 2014, passed by a Coordinate Bench of this Court in CWP No. 5677 of 2014, titled as Abhimanya Rathor Vs. State of H.P. & Ors. to the following effect:
"......3. The Tree Authority is directed to take a final decision on all the applications after holding inquiry as per Chapter XX of the Act, within a period of r one week after the receipt of applications.
The Tree Authority shall record convincing and cogent reasons while permitting felling/cutting of trees posing threat to life and property in each case. The Tree Committee is directed to photograph and videograph the spot while processing the applications. The felling of trees is to be permitted only as a last resort."
5. As to whether such directions were complied with or not is not emanating from the record. Whether such method was adopted while felling the tree falling within the municipal limits of Chamba town or not is not emanating from the record.
6. Let the Deputy Commissioner, Chamba and the Divisional Forest Officer, Chamba file their separate affidavits dealing with each one of the averments made in the petition, as also the queries raised by us. Needful be ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP done on or before the next date of hearing.
7. List on 14th November, 2017, when the Divisional Forest Officer, Chamba shall personally remain .
present alongwith the record. Till then, we direct that no tree within Chamba Municipal limits shall be felled, save and except in accordance with law and without leave of this Court.
Copy dasti.
r to (Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 27, 2017 (bhupender/bss) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CWP No. 10323 of 2012 The present petition stands disposed of as per .
common judgment of even date placed on the file of CWP No. 2237 of 2012.
Private Secretary Court No. 6.
27.10.2017
r to
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CWP No. 2388 of 2015
The present petition stands disposed of as per .
common judgment of even date placed on the file of CWP No. 2237 of 2012.
Private Secretary Court No. 6.
27.10.2017
r to
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COPC 225 of 2017
31.10.2017 Present: Mr. Virender Thakur, Advocate, for the
petitioner.
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Mr. Shrawan Dogra, Advocate General, with M/s. M. A. Khan and Romesh Verma, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for the respondents.
In view of the averments made in the rejoinder, let respondent No. 1 and the Law Officer remain present in Court on 21st November, 2017.
(Sanjay Karol)
r Acting Chief Justice
(Ajay Mohan Goel)
Judge
October 31, 2017
(bhupender/guleria)
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CWP No. 1673 of 2017
31.10.2017 Present: Mr. B.C. Negi, Senior Advocate, with Mr.
Raj Negi, Advocate, for the petitioner/non- applicant.
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Mr. Shrawan Dogra, Advocate General, with M/s. M. A. Khan and Romesh Verma, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for respondents/applicants No. 1 to 4.
None for respondent/non-applicant No. 5.
CMP No. 8884 of 2017Mr. Raj Negi, learned counsel states that he has no instructions to appear in the matter on behalf of the petitioner/non-applicant. Let bailable warrants in the sum of `50,000/- be issued against the petitioner/non-
applicant through Superintendent of Police, Una returnable for 5th December, 2017.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 31, 2017 (bhupender/guleria) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CWP No. 2202 of 2017 31.10.2017 Present: Mr. Prashant Sharma, Advocate, for the petitioner.
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Mr. Shrawan Dogra, Advocate General, with M/s. M. A. Khan and Romesh Verma, Additional Advocate Generals and Mr. J.K. Verma, Deputy Advocate General, for respondent No. 1.
None for respondent No. 2.
Mr. Surender Sharma, Advocate, for respondent No. 3.
r to As per service report, respondent No. 4 stands served. However, as none has entered appearance on behalf of respondent No. 4, hence it is proceeded against ex parte. Response within three weeks. Rejoinder thereto within two weeks thereafter. Registry is directed to reflect the name of Mr. Surender Sharma as counsel for respondent No. 3 in the cause list in future.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 31, 2017 (bhupender/guleria) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP CWP No. 2427 of 2017 31.10.2017 Present: M/s. Suresh Kumar Thakur and Hemant Kumar Thakur, Advocates, for the petitioner.
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Mr. G.S. Rathore, Advocate, for respondent No. 1.
Ms. Nishi Goel, Advocate, for respondent No. 2 and 3.
Mr. Ashok Sharma, Assistant Solicitor General of India, for respondents No. 4 and 5. r to Election Commission of India through its Secretary, Nirvachan Sadan, New Delhi and Union of India through Ministry of Law and Justice, Shashtri Bhawan, New Delhi are impleaded as party respondents No. 4 and 5.
Mr. Ashok Sharma, learned Assistant Solicitor General of India appears and waives service of notice on behalf of the newly added respondents No. 4 and 5.
Registry is directed to make necessary corrections in the memo of parties.
Response within four weeks. Rejoinder thereto within two weeks thereafter.
List on 19th December, 2017.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 31, 2017 (bhupender/guleria) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP LPA No. 18 of 2011 31.10.2017 Present: Mr. Shrawan Dogra, Advocate General, with M/s. M. A. Khan and Romesh Verma, Additional Advocate Generals and Mr. J.K. .
Verma, Deputy Advocate General, for appellants.
Mr. S.D. Gill, Advocate, for respondents No. 1, 2 and 4.
Mr. S.D. Gill, learned counsel submits that respondent No. 3, namely, Sh. Raj Kumar, son of Sh.
Paras Ram Thakur has since expired. Let steps for substitution be taken within three weeks. List thereafter.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge October 31, 2017 (bhupender/guleria) ::: Downloaded on - 10/11/2017 12:56:28 :::HCHP