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Himachal Pradesh High Court

Smt. Kalpana Devi W/O Sh. Vijay Kumar vs State Of Himachal Pradesh Through on 4 August, 2022

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

             IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                        ON THE 4th DAY OF AUGUST, 2022
                                    BEFORE
                 HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                                                                       .
                                        &
              HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





                      CIVIL WRIT PETITION NO.4210 OF 2022
               Between:-

                 SMT. KALPANA DEVI W/O SH. VIJAY KUMAR,





                 AGED 51 YEAR, R/O VILLAGE AND POST OFFICE
                 TIARA, TEHSIL KANGRA, DISTRICT KANGRA,
                 H.P.

                                                                                                ...PETITIONER





                 (BY MR. RISHI TANDON, ADVOCATE)

                 AND

                 1.           STATE OF HIMACHAL PRADESH THROUGH

                              SECRETARY (INDUSTRIES) TO THE

                              GOVT. OF H.P.

                 2.           DIRECTOR, DIRECTORATE OF INDUSTRIES,
                              MAJITHA HOUSE, CHOTTA SHIMLA, H.P.

                 3.           STATE GEOLOGIST, DIRECTORATE OF INDUSTRIES,


                              MAJITHA HOUSE, CHOTTA SHIMLA, H.P.

                 4.           MEMBER SECRETARY (SEIAA)-CUM-DIRECTOR,
                              (ENV. S & T) STATE LEVEL ENVIRONMENT




                              IMPACT ASSESSMENT AUTHORITY,
                              PARYAVARAN BHAWAN, NEAR U.S. CLUB,
                              SHIMLA, H.P.





                                                               ...RESPONDENTS

                 (BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR.





                 RAJINDER DOGRA, SR. ADDITIONAL ADVOCATE GENERAL,
                 MR. VINOD THAKUR, MR. SHIV PAL MANHANS, ADDITIONAL
                 ADVOCATES GENERAL AND MR. YUDHBIR SINGH THAKUR,
                 DEPUTY ADVOCATE GENERAL)
                 1
                   WHETHER APPROVED FOR REPORTING?
                  This petition coming on for orders this day, Hon'ble Mr. Justice
    Tarlok Singh Chauhan, passed the following :

                                                                  ORDER

The instant petition has been filed for the grant of following substantive reliefs:

Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

i) That the instant writ petition may kindly be allowed with cost and respondent No.1 & 2 may be directed to extend the validity of letter of intent in favour of the petitioner in a bound manner.

.

ii) That the respondent No.4 may be directed to grant the environmental clearance certificate to the petitioner in time bound manner by taking a liberal view in view of the facts mentioned hereinabove.

iii) That the respondents may be directed to grant the mining lease to the petitioner in a time bound manner subject to fulfillment of condition as per law.

iv) That the respondents may be directed to consider the pending representation of the petitioner in a time bound manner.

2. Since the extension of validity period has been extended for three years retrospectively w.e.f. 29.3.2020 to 28.3.2023, therefore, the instant petition is disposed of, as having been rendered infructuous, so also the pending application(s), if any.

( Tarlok Singh Chauhan) Judge ( Chander Bhusan Barowalia ) Judge 4th August, 2022 (CS) ::: Downloaded on - 04/08/2022 20:08:25 :::CIS