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Himachal Pradesh High Court

Court On Its Own Motion vs . State Of H.P. & Ors. on 19 November, 2024

Author: Tarlok Singh Chauhan

Bench: Tarlok Singh Chauhan

Court on its own motion vs. State of H.P. & ors.

CWPIL No. 62 of 2022 19.11.2024 Present: Court on its own motion.

Mr. Rakesh Dhaulta, Mr. Pranay Partap Singh, Mr. Govind Korla, Addl. A.Gs., Ms. Priyanka Chauhan, Mr. Arsh Rattan, Dy. A.Gs., for respondents-State. Ms. Sneh Bhimta, Advocate, is appointed as legal aid counsel. Her appointment be notified by the H.P. High Court Legal Service Committee. The Registry is directed to supply complete copy of paper book to the learned legal aid counsel.

Respondents have placed on record instructions dated 18.11.2024, the relevant portion thereof reads as under:-

"Thereafter on the direction of the Hon'ble Court, as a part of exploring the possibility for completing the tarring work in the balance road length of 2300 kms, the matter of widening the road for enabling the movement of heavy machinery, in order to lay GSB, G-II, G-III as well as to construct the road side drains in this stretch was taken up with the land holders having orchards adjacent to the road. It involved removal of trees and branches along the road length. The Land holders had agreed to the widening and removal of these adjoining trees/ branches, subject to the condition that the same be taken up post the apple harvest season and simultaneously their orchards be protected by construction of walls along the length involved in the widening process. The apple harvesting was in progress in the area till the 2nd week of October, 2024. The work of laying GSB has been undertaken alongwith the cutting work and is currently in progress. The laying of GSB & G-II will be 2 completed by 30th December alongwith erection of necessary retaining structures and culverts.
The tarring shall only be undertaken once the weather becomes conducive for tarring works in the Month of March and April, 2025. We request your kind assistance in apprising the Hon'ble Court about the facts please."

Having perused the instructions, we deem it appropriate to defer the consideration of this case. Ordered accordingly.

List on 06.05.2025.

(Tarlok Singh Chauhan) Acting Chief Justice (Satyen Vaidya) Judge 19th November, 2024 (sanjeev)