Himachal Pradesh High Court
Simla Ice Skating Club vs . State Of H.P. & Ors on 10 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
Simla Ice Skating Club Vs. State of H.P. & ors .
CWP No. 6313 of 2022 10.5.2023 Present: Mr. Nitin Thakur, Advocate, for the petitioner.
Mr. Ramakant Sharma and Ms. Sharmila Patiyal, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocate General, for respondents State.
Mr. Naresh K. Gupta, Advocate, for respondent No. 4.
Mr. Ajeet Singh Saklani, Advocate, for
r respondent No. 6.
On 12.04.2023, the Court passed the following order:
"On 5.4.2023, the Court passed the following order:
"Learned Additional Advocate General has placed on record the instructions dated 04.04.2023 which only portray the problems highlighted by various departments. But, there is nothing on record to suggest the solution to such problems. Therefore, let fresh instructions be obtained by the respondents by the next date of hearing suggesting the resolution/solution of the problems highlighted by various departments. List on 12.04.2023."
Today, the learned Additional Advocate General has placed on record the instructions dated 11.04.2023, the relevant portion whereof reads as under:
"Please refer to the Hon'ble High Court order dated 05.04.2023. In this regard, it is submitted that a meeting was held under the Chairmanship of the Pr. Secretary (Tourism & Civil Aviation) to the Govt. of H.P. on 03.04.2023 at12:30 PM with the following Departments regarding issuance of NOC for ::: Downloaded on - 11/05/2023 20:40:20 :::CIS development of Ice Skating Rink at Shimla (copy of proceeding is enclosed at AnnexureA): .
1. The Director, Youth Services & Sports, Shimla HP.
2. The Representative of Managing Director, HRTC, Old Bus Stand Shimla HP.
3. The Commissioner, Municipal Corporation, Shimla.
4. The Superintending Engineer, CPWD, Shimla.
5. The Superintending Engineer, HP, PWD, Shimla.
6. The Representative of Principal, IGMC, Shimla.
The NOC from the Executive Engineer, Shimla, Division No. 1, HPPWD Shimla3 has been received and rest of Departments have taken up the matter with their higher authorities. This Department has again requested YSS, HRTC, IGMC and MOHUA on 10.04.2023 to issue NOC for allowing work on land in their ownership/ possession.
It is also apprised that ADB has approved the subproject of "Development of Ice Skating Rink cum Roller Skating Rink Shimla" under Tranchel of the New ADB project. The Consultant has prepared the Detail Project Report (DPR) of the said subproject of Rs. 35.00 Cr. which is being evaluated by the HP Tourism Development Board.
At present HPTDB is preparing the Procurement Plan in association with the ADB officials, so that tendering process can be started of the said sub project alongwith other subprojects. After evaluating the DPR (cost estimates and drawings) the DPR will be submitted to the MC Shimla for their approval. After the finalization of the Procurement Plan and approval from the MC Shimla the Notice Inviting Tender (NIT) will be issued of the said subproject. This eventuality is expected to take place earliest by August, 2023. Therefore, Hon'ble High Court may be respectfully apprised that work of documentation & planning of said Ice Skating Rink is being accomplished at present & is being monitored regularly. As far as NOCS of Departments in ownership/possession of land is concerned, the same 3 shall be required only at the time of issuing NIT for this work. The NOCS of these Departments are expected to be issued well before the floating of NIT."::: Downloaded on - 11/05/2023 20:40:20 :::CIS
Having perused the instructions, we deem it appropriate to direct YSS, HRTC, IGMC and MOHUA .
to issue necessary 'NOCs' for allowing work on land in their ownership/possession until and unless there is any legal or factual impediment in doing so. Needful be done within two weeks. Ordered accordingly.
For compliance, list on 10.05.2023.
Except the HRTC, remaining three departments i.e. YSS, IGMC and MOHUA are yet to issue NOCs . The needful be done within 24 hours, failing which the Head(s) of the Department(s) of the erring respondentdepartments, shall personally appear before this Court, by the next date of hearing.
However, the HRTC has given partial NOC, as the decision of issuance of NOC, as a matter of fact, has to be taken by the competent authority, i.e. Board of Directors of the HRTC. The respondents are directed to consider the desirability of constituting the Board, failing which the working of the HRTC would be hampered.
List on 12.5.2023.
(Tarlok Singh Chauhan) Acting Chief Justice (Virender Singh) Judge May 10, 2023 (kalpana) ::: Downloaded on - 11/05/2023 20:40:20 :::CIS