Himachal Pradesh High Court
Ashok Kumar vs State Of H.P. & Others on 12 July, 2018
Author: Sandeep Sharma
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
CWP No.550 of 2018
Date of decision: 12.07.2018
.
Ashok Kumar ....Petitioner
Versus
State of H.P. & Others ....Respondents
Coram
The Hon'ble Mr.Justice Sanjay Karol, Acting Chief Justice.
The Hon'ble Mr.Justice Sandeep Sharma, Judge.
Whether approved for reporting ?1
For the Petitioner: r Mr.Bhuvnesh Sharma, Advocate.
For Respondents-State: Mr.Ashok Sharma, Advocate General
with Mr.Ajay Vaidya, Senior
Additional Advocate General,
Mr.Ranjan Sharma, Mr.Adarsh
Sharma and Ms.Rita Goswami,
Additional Advocate Generals.
Per Sandeep Sharma,J.
By way of instant Civil Writ Petition petitioner prayed for the following main relief(s) amongst other:
"1. That the respondents may very kindly be directed to complete the construction of Solid Waste management Treatment Plant and Dumping Site in the interest of justice.
2. That the respondents may kindly be directed to remove the garbage from Nagar Panchayat Limits, Talai, Tehsil Jhandutta, District Bilaspur, H.P.
3. That the respondents may further be directed to carry the garbage from Nagar Panchayat limits Talai to its Dumping Site for its proper disposal.
4. That the respondent Nagar Panchayat Talai, Tehsil Jhandutta District Bilaspur may kindly 1 Whether the reporters of Local Papers may be allowed to see the judgement?::: Downloaded on - 18/07/2018 23:00:52 :::HCHP 2
be restrained from discharging the garbage in the river bed (Saryali Khad) immediately."
2. Pursuant to notices issued in the petition, .
referred hereinabove, Deputy Commissioner, Bilaspur, Himachal Pradesh has filed a short affidavit stating therein as under:-
"1. That the Director Urban Development Himachal Pradesh vide letter 23.04.2008 has released a sum of Rs.86,00,000/- to Secretary, N.P. Talai for construction of Solid waste Management Treatment Plant & Parking Place at Talai.
2. That Secretary, N.P. Talai has received additional fund of Rs.50,00,000/- & Rs.2,00,000/- & Rs.1,00,000/- in the year 2011- 12, 2012-13 & 2013-14 respectively from the Director Urban Development for construction of above said Solid waste Management Treatment Plant.
3. That Secretary, Nagar Panchayat Talai has spent Rs.72,13,184/- till date on the construction of above said Solid waste Management Treatment Plant & Rs.39,22,852 are lying in balance with the Secretary, N.P. Talai.
4. That the construction work of above said Solid Waste Management Treatment Plant could not be completed due to institution of a Civil Suit in the Court of Civil Judge (Sr.Division) Court No.1, Ghumarwin by adjoining land owner of land on which construction of above said Solid Waste Management Treatment Plant was being made.
5. That now above said Civil Suit has been decreed in favour of Secretary, Nagar Panchayat Talai.
6. That the remaining construction work of aforesaid Solid Waste Management Treatment Plant at Talai will be completed very shortly."
3. Perusal of affidavit, as has been taken note hereinabove, suggests that though Director, Urban ::: Downloaded on - 18/07/2018 23:00:52 :::HCHP 3 Development, Himachal Pradesh vide communication dated 23.04.2008 had released a sum of Rs.86,00,000/-
to Secretary, Nagar Panchayat, Talai for construction of .
Solid Waste Management Treatment Plant & Parking Place at Talai and Nagar Panchayat spent a sum of Rs.72,13,184/- for the construction of Solid Waste Management Treatment Plant, but construction of aforesaid Solid Waste Management Treatment Plant could not be completed due to institution of Civil Suit by land owner of adjoining land on which construction of such Treatment Plant was being made, in the Court of Civil Judge (Senior Division), Court No.1, Ghumarwin. Affidavit reveals that Civil Suit detailed hereinabove stands decreed in favour of Secretary, Nagar Panchayat, Talai and remaining construction work shall be completed expeditiously.
4. Having perused the affidavit filed by the Deputy Commissioner, Bilalspur, this Court is convinced and satisfied that all possible steps are being taken by the Authorities for completion of Solid Waste Management Treatment Plant and as such sees no reason to keep the present petition alive and the same is disposed of.
However, before parting we deem it proper to direct Deputy Commissioner, Bilaspur to issue time bound ::: Downloaded on - 18/07/2018 23:00:52 :::HCHP 4 directions to the Secretary, Nagar Panchayat, Talai to get the construction completed expeditiously preferably within a period of six months. Deputy Commissioner Bilaspur .
and Secretary, Nagar Panchayat, Talai shall file their respective affidavits of compliance after completion of work.
5. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Bilaspur and Secretary, Nagar Panchayat, Talai for necessary action.
6. It may also be noticed that other relief(s) claimed in the petition have already been considered by this Court in CWP No.2086 of 2017, titled as: Pradeep Kumar vs. State of H.P. & Others, decided on 22.11.2017 and appropriate directions stand already issued to the authorities concerned for the scientific disposal of the garbage collected within the limits of Gram Panchayat, Talai.
(Sanjay Karol)
Acting Chief Justice
July 12, 2018 (Sandeep Sharma)
(aks) Judge
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