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Punjab-Haryana High Court

M/S Sai H.P. Centre vs State Of Haryana And Others on 7 March, 2014

Author: Ritu Bahri

Bench: Ritu Bahri

            Civil Writ Petition No. 348 of 2013 (O&M)                                    1

                               IN THE HIGH COURT OF PUNJAB & HARYANA
                                        AT CHANDIGARH

                                              Civil Writ Petition No. 348 of 2013 (O&M)
                                              Date of decision : 07.03.2014

            M/s Sai H.P. Centre
                                                                         ...Petitioner
                                                     versus

            State of Haryana and others
                                                                         ...Respondents

            CORAM: HON'BLE MS. JUSTICE RITU BAHRI

            Present:           Mr. H.R. Bhardwaj, Advocate,
                               for the petitioner.

                               Mr. Shivendra Swaroop, AAG, Haryana.

                                     ****
            RITU BAHRI , J.

Challenge in this petition is to the notice dated 23.11.2012 (Annexure P-4), issued by the Forest Division Officer, Forest Division, Pinjore, asking the petitioner to deposit ` 1,13,500/- as penal loss of plantation.

Vide letter dated 02.04.2004, Forest Division Officer, Morni- Pinjore, Forest Division, Pinjore-respondent No.2 had directed the petitioner to submit ` 24,805/- in lieu of loss of plantation of trees. The case of the petitioner is that he had deposited ` 24,805/- with respondent No.2 vide Annexure P-3.

In the written statement, filed by the respondents, it has been denied that any notice was given to the petitioner to make the said payment. However, notice has been given to Hindustan Petroleum Corporation- respondent No.3 pursuant to the letter (Annexure R-1) written by the Government of India, Department of Environment & Forest, North Zonal Prasher AjayOffice. It has been further stated that respondent No.2 is not obstructing the 2014.03.11 12:54 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No. 348 of 2013 (O&M) 2 business of the petitioner in any manner.

In view of the written statement, filed by respondent No.2, this petition is disposed of by giving a directing that respondent No.2 shall recover ` 1,13,500/- from respondent No.3 pursuant to the notice dated 23.11.2012 (Annexure P-4). A further direction is given that respondent Nos.2 and 3 shall not prohibit the petitioner from doing his business at said outlet.

(RITU BAHRI) JUDGE 07.03.2014 ajp Prasher Ajay 2014.03.11 12:54 I attest to the accuracy and integrity of this document High Court Chandigarh