SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

5.2018. Present: Mr. Ajay Sharma vs State Of Hp. Application on 9 May, 2018

CWPIL No. 4 of 2017.

01.05.2018. Present: Ms. Rubeena Bhatt, Advocate, vice counsel for Mr.

.

Bimal Gupta, Sr. Advocate, as Amicus Curiae.

Mr. Ashok Sharma, Advocate General with Mr. Ajay
Vaidya, Sr. Additional Advocate General with Mr.

Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand
Lal Thakur, Additional Advocate Generals, for the
respondents/State.

Mr. Tara Singh Chauhan, Advocate, for respondent
No.9.

Additional
r Advocateto
As prayed for by Mr. Ranjan Sharma, learned

General, matter is adjourned for

compliance of earlier order. List on 21st May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan
Goel)

May 01, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWP No. 960 of 2018.

01.05.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Ajay

.

Vaidya, Sr. Additional Advocate General with Mr.

Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand
Lal Thakur, Additional Advocate Generals, for the
respondent/State.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

As prayed for, let corrected memo of parties be filed

during the course of the day.

CMP No.3789/2018.

Allowed and disposed of.

CWP No. 960/2018.

Issue notice. Mr. Adarsh Sharma, learned Additional

Advocate General waives notice on behalf of respondent No. 1.

Dasti notice be issued to respondent No.2, returnable for 8 th May,

2018. Steps, complete in all respect, be taken within two days. List

on 8th May, 2018. In the meantime, appearing respondent may file

the reply.

CMP No. 3790/2018.

Notice in the aforesaid terms. Any action taken shall be

subject to the outcome of the present writ petition.

Dasti copy.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWP No. 646 of 2018.

01.05.2018. Present: Mr. Avinash Jaryal, Advocate, for the petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Ajay

.

Vaidya, Sr. Additional Advocate General with Mr.

Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand
Lal Thakur, Additional Advocate Generals, for the
respondent/State.

Mr. Vijay Arora, Advocate, for respondent No.2.

A letter, at Flag ‘A’ has been addressed in the name

of the Hon’ble Chief Justice by the villagers of village

Moukhari Sugadi Chadipul Gram Panchayat Radi PO Radi

sub-Tehsil Dharwala District Chamba, H.P., which is treated as

CMP. Registry is directed to register the same.

Mr. Vijay Arora, Advocate, who normally appears for

respondent No. 2, namely, National Hydroelectric Power

Corporation, Chamera Hydro Power Station 1st Stage Khairi

Tehsil Dalhousie Distrtict Chamba, H.P. is directed to obtain

instructions with regard to the contents of the said letter.

Registrar (Judicial), of this Registry to supply copy of the said

letter to the learned counsel for the parties.

List on 4th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWP No. 689 of 2018.

01.05.2018. Present: Mr. Shrawan Dogra, Sr. Advocate with Ms. Nishi

Goel, Advocate, for the petitioner.

.

Mr. Aman Sood, Advocate, for the respondents.

List on 2nd May, 2018, before the same Bench.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan
Goel)
May 01, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWPIL No. 67 of
2018.

01.05.2018. Present: Ms. Charu Bhatnagar, Advocate, as Amicus Curiae.

.

Mr. Ashok Sharma, Advocate General with Mr. Ajay
Vaidya, Sr. Additional Advocate General with Mr.
Adarsh Sharma, Mr. Ranjan Sharma, and Mr. Nand

Lal Thakur, Additional Advocate Generals, for the
respondents/State.

Record pertaining to investigation of FIR No. 29 of

2017, dated 15.4.2017 under Sections 363 and 366, Indian

Penal Code registered in Police Station Parwanoo District HP

and transferred to Women Police Station B.C.S. New Shimla,

HP, be made available on the next date of hearing when the

Investigating Officer, shall also personally remain present in

Court.

List on 4th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

                                                                     (Ajay      Mohan
Goel)
May 01, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWPIL No. 270 of
2017.

02.05.2018. Present: Mr. B.C. Negi, Sr. Advocate as Amicus Curiae with

.
Mr. Arjun Lall, Advocate.

Ms. Neha Negi, vice counsel for Mr. Rajesh Kumar
Sharma, Assistant Solicitor General of India for
respondent No.1/Union of India.

Mr. Ashok Sharma, Advocate General with Mr. Ajay
Vaidya, Sr. Additional Advocate General with Mr.
Adarsh Sharma, Mr. Ranjan Sharma, Additional
Advocate Generals, for the respondents/State.

Mr. Prince Chauhan, Advocate, respondents No. 2
and 6.

Mr. T.S. Chauhan, Advocate, for respondent No.9.

Mr. B.C. Negi, learned Amicus Curiae has placed on

record copy of Project Guidelines with MOU, so issued by the

Ministry of Tourism, Government of India, suggesting the

measures which the Department of Tourism, Government of

Himachal Pradesh can possibly take.

Let respondents respond to the same and if

necessary, take necessary consequential action.

Further, Mr. B.C. Negi, learned Amicus Curiae states

that awareness drive for protection, conservation and

cleanliness of Kalka-Shimla Railway line is being undertaken

by the Himachal Pradesh State Legal Services Authority

alongwith other stake holders. Such programme is scheduled

to be held on 12th May, 2018.

List the matter on 15th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Ajay
Mohan Goel)
May 02, 2018. Judge.

(cm)

10/05/2018 23:12:15 :::HCHP
CWPIL No. 68 of
2018.

02.05.2018. Present: Mr. Devan Khann, Advocate as Amicus Curiae.

.

Mr. Ashok Sharma, Advocate General with Mr. Ajay
Vaidya, Sr. Additional Advocate General with Mr.
Adarsh Sharma, Mr. Ranjan Sharma, Additional

Advocate Generals, for the respondents/State.

List on 8th May, 2018, as prayed for.

(Sanjay Karol)
Acting Chief Justice.

                          r                                        (Ajay      Mohan
Goel)

May 02, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWPIL No. 54 of
2018.

03.05.2018. Present: Court on its own motion.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.
Nand Lal Thakur, Additional Advocate Generals, for

the respondents/State.

Mr. Hamender Singh Chandel, Advocate, for
respondent No.4.

List on 9th May, 2018, alongwith CWP No. 1516 of

2017, as prayed for.

                          r             to                      (Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)

May 03, 2018. Judge.
(cm)

10/05/2018 23:12:15 :::HCHP
CWP No. 1172 of
2017.

03.05.2018. Present: Mr. Ashok Kumar Thakur, Advocate, for the

.
petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.
Nand Lal Thakur, Additional Advocate Generals, for

the respondents/State.

Communication dated 3.5.2018, addressed by the

Director Health Services, Himachal Pradesh to the Learned

Advocate General, Himachal Pradesh, handed over by Mr.

Adarsh Sharma, learned Additional Advocate General, across

the Board, is taken on record.

From the aforesaid communication, it is evident that

Smt. Santosh Kumari, a trained Dai has been deputed at C.H.

Garli, District Kangra, HP and joined there on 2.5.2018 and

that the permanent transfer of the said incumbent to C.H. Garli

District Kangra, H.P. is under process.

List on 23rd May, 2018, before which date status

report be fled.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:15 :::HCHP
CWP No. 1095 of
2017.

03.05.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.

.

Mr. Rajesh Kumar Sharma, Assistant Solicitor

General of India, for respondent No.1.
Mr. Ajay Vaidya, Sr. Additional Advocate General
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap
Singh, Advocate, for respondents No. 3 and 5.

Notices in this petition were issued on 29.5.2017.

Thereafter on 19.6.2017, respondents were directed to file

response within one week but till date response has not been

filed.

Let the response be positively filed within for weeks.

Rejoinder within four weeks thereafter. It stands clarified that

in case, reply is not filed within the aforesaid period, the

petition shall be heard on the basis of material available on

record.

Registry is directed to reflect the names of all the

learned counsel for the parties, in the cause list henceforth.

List on 23rd May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:15 :::HCHP
CWP No. 982 of 2018.

03.05.2018. Present: Mr. G.R. Palsara, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3936/2018.

Allowed and disposed of.

CWP No. 982/2018.

Admit.

Learned counsel for the petitioner submits that the

encroached land is less than 5 bighas. Reply be positively filed

within a period of four weeks. Rejoinder, if any, be filed within four

weeks thereafter.

CMP No. 3937/2018.

During the pendency of the petition, parties shall maintain

status quo qua impugned order dated 25.6.2016, passed by the

Divisional Commissioner Mandi, District Mandi, HP in Case No.

126/2016, titled as Mohar Singh versus State of HP. Application

stands disposed of.

Copy dasti.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 980 of 2018.

03.05.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Ms.
Abhilasha Kaundal, Advocate, for the petitioners.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.
Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. J.L. Bhardwaj, Advocate, for respondent No.8.

List on 20th May, 2018, alongwith CWP No. 740 of

2018, as prayed for.

                          r             to                    (Sanjay Karol)
Acting Chief Justice.

(Sandeep

Sharma)
May 03, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 979 of 2018.

03.05.2018. Present: Mr.R.K. Bawa, Sr. Advocate with Mr. Ajay Sharma,

Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.
Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Hamender Chandel, Advocate, for respondent
No.8.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3926/2018.

Allowed and disposed of.

CWP No. 979/2018 CMP No. 3927/2018.

The Commissioner, Municipal Corporation, Shimla is

impleaded as party respondent No. 8 in the array of respondents.

Registry to carryout necessary correction in the memo of parties.

Let amended memo of parties be filed within one week.

Mr. Adarsh Sharma, learned Additional Advocate General

waives notice on behalf of respondents/State and Mr. Hamnder

Chandel, Advocate, waives the same on behalf of the newly

arrayed respondent. Dasti notice be issued to respondent No.7

returnable for 24th May, 2018. Steps, complete in all respects, be

taken within three days.

List on 24th May, 2018. Learned Additional Advocate

General to obtain instructions in the meantime.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)

10/05/2018 23:12:16 :::HCHP
May 03, 2018. Judge.

(cm)

.

             r       to

10/05/2018 23:12:16 :::HCHP
CWP No. 977 of 2018.

03.05.2018. Present: Mr. B.N. Sharma, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3911/2018.

Allowed and disposed of.

CWP No. 977/2018 CMP No.3912/2018.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of the respondents.

Learned counsel for the petitioner stated at the Bar that he is

under instructions to submit that his client is ready to

surrender the forest land/encroached land, wherein it is more

than five bighas, in terms of the proposed Government policy.

His statement is taken on record.

Learned counsel for the petitioner to file affidavit

within two weeks furnishing the details as to which portion of

land the petitioner is willing to retain and which portion of the

land will be surrendered by him. List this petition alongwith

CWP No. 1093/2016.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 976 of 2018.

03.05.2018. Present: Mr. B.N. Sharma, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3906/2018.

Allowed and disposed of.

CWP No. 976/2018 CMP No.3907/2018.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of the respondents.

Learned counsel for the petitioner stated at the Bar that he is

under instructions to submit that his client is ready to

surrender the forest land/encroached land, wherein it is more

than five bighas, in terms of the proposed Government policy.

His statement is taken on record.

Learned counsel for the petitioner to file affidavit

within two weeks furnishing the details as to which portion of

land the petitioner is willing to retain and which portion of the

land will be surrendered by him. List this petition alongwith

CWP No. 1093/2016.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
Rev. Petition No. 22 of 2018.

03.05.2018. Present: Mr. K.B. Khajuria, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Sanjeev Bhushan, Sr. Advocate with Ms.

Abhilasha Kaundal, Advocate, for respondent No.3.

List on 9th May, 2018, as prayed for. Writ record be

also called for in the meantime.

                          r           to                           (Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 954 of 2018.

03.05.2018. Present: Mr. Umesh Kanwar, Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.
Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Adarsh Sharma, learned Additional Advocate

General states that interim order dated 27.4.2018, stands fully

complied with about which there is no dispute.

List on 28th May, 2018, the date already fixed. Reply

by appearing respondents be filed in the meantime.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 859 of 2018.

03.05.2018. Present: Mr. B.N. Mehta, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

In terms of report of Registry, service of respondents

No. 4 and 5 is awaited.

Reply by appearing respondents be filed within two

r to
weeks. Rejoinder within two weeks thereafter.

(Sanjay Karol)

Acting Chief Justice.

(Sandeep
Sharma)

May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 778 of 2018.

03.05.2018. Present: Mr.K. B. Khajuria, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Tarun K. Sharma, Advocate, for respondents No.

3 and 5.

In terms of report of Registry, service of respondents

No. 4 to 6 is awaited.

Reply by appearing respondents be filed within two

weeks. Rejoinder within one week thereafter. List on 31st May,

2018

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)

May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 641 of 2018.

03.05.2018. Present: Ms. Poonam, vice counsel, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Rajesh Kumar Sharma, Assistant Solicitor

General of India, for respondents No. 3 and
4/Unionof India.

Let supplementary affidavit be filed by respondent

No. 2 dealing with all the averments made in the writ petition.

Affidavit already filed, so to say, is vague and unspecific with

regard to action taken report.

Response be filed by the others respondents within

three weeks. Rejoinder within three weeks thereafter.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep

Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 608 of 2018.

03.05.2018. Present: Mr. Ajay Vaidya, Sr. Additional Advocate General
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

.

Nand Lal Thakur, Additional Advocate Generals, for

the petitioners.

Mr. Simrat Bedi, Advocate, for the respondent.

Response be filed within two weeks. Rejoinder within

two weeks thereafter. List on 17th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

                          r                                               (Sandeep
Sharma)

May 03, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 587 of 2018.

03.05.2018. Present: Petitioner in person.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents No. 1 to 5/State.
Mr. Rajesh Sharma, Assistant Solicitor General of

India, for respondent No.3.

Mr. Hamender Singh Chandel, Advocate, for
respondent No.4.

Response be positively filed within two weeks. List

on 24th May, 2018.

                          r           to                       (Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)

May 03, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 504 of 2018.

03.05.2018. Present: Mr. Ajeet Jaswal, Advocate, for the petitioner.

Mr. Rajesh Sharma, Assistant Solicitor General of

.

India for respondents/Union of India.

Mr. Ajay Vaidya, Sr. Additional Advocate General
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.
Nand Lal Thakur, Additional Advocate Generals, for

the respondents/State.

Steps for the service of respondent No. 6 not taken.

Be taken within one week. Thereafter notice be issued to the

said respondent returnable for 24th May, 2018. In the

meantime, response by appearing respondents be filed. List

on 24th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)

May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 431 of 2018.

03.05.2018. Present: Ms. Ritika Jassal, Advocate, for the petitioner.

.

Mr. Kulwant Singh Katoch and Mr. Ashok Tanwar,

Advocates, for respondent No.1.
Mr. Ajay Vaidya, Sr. Additional Advocate General
with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondent No.2/State.

Respondent No. 1 has filed the reply. Reply on

behalf of respondent No.2, as prayed for, be filed within two

weeks, failing which, petition shall be heard on the basis of

material available on record. Rejoinder to the reply filed by

respondent No. 1 be filed within one week.

List on 24th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep

Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 419 of 2018.

03.05.2018. Present: Mr. Anup Rattan, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Ajay Sipahiya, Advocate, for respondent No.6.

Talks of compromise between the private parties are

in progress. As such, matter is adjourned by one week.

List on 9th May, 2018, as prayed for.

(Sanjay Karol)
r Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 418 of 2018.

03.05.2018. Present: Mr. Anup Rattan, Advocate, for the petitioner.

Mr. Ajay Vaidya, Sr. Additional Advocate General

.

with Mr. Adarsh Sharma, Mr. Ranjan Sharma and Mr.

Nand Lal Thakur, Additional Advocate Generals, for
the respondents/State.

Mr. Ajay Sharma, Advocate, for respondent No.4.

Respondent No. 5 already ex parte.

Admit.

Issue post admission notice. Mr. Adarsh Sharma,

learned Additional Advocate General waives notice on behalf

of respondents No. 1 to 3 and Mr. Ajay Sharma, Advocate,

waives the same on behalf of respondent No.4.

List for hearing before the appropriate Bench in

terms of current Roster on 16th May, 2018.

(Sanjay Karol)

Acting Chief Justice.

(Sandeep
Sharma)
May 03, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 990 of 2018.

04.05.2018. Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3978/2018.

Allowed and disposed of.

CWP No. 990/2018.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of the respondents.

Reply be filed within four weeks. Rejoinder within four weeks

thereafter. List on 18th June, 2018.

CMP No. 3979/2018.

Notice in the aforesaid terms. In view of Clause-7 of

the agreement for Medicine shop dated 22.3.2016 (Annexure

P-1), prima facie, we find the impugned action to be illegal. As

such, parties are directed to maintain status quo as of today.

Copy dasti.

(Sanjay
Karol)
Acting Chief Justice.

                                                                    (Ajay      Mohan
Goel)
May 04, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 987 of 2018.

04.05.2018. Present: Mr. R.S. Chandel, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3973/2018.

Allowed and disposed of.

CWP No. 987/2018 CMP No. 3974/2018.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of respondents No.

1 to 3. Dasti notice be issued to respondents No. 4 to 6

returnable for 21st May, 2018. Service be effected through

respondent No.3. Steps, complete in all respects, be taken

within two days.

List on 21st May, 2018. In the meantime, reply be

filed by the appearing respondents.

(Sanjay
Karol)
Acting Chief Justice.

                                                                    (Ajay      Mohan
Goel)
May 04, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 986 of 2018.

04.05.2018. Present: Mr. Neel Kamal Sharma, Advocate, for the petitioner.

.
Mr. Prashant Sharma, Advocate, for the

respondents.

Learned counsel for the petitioner undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 3971/2018.

Allowed and disposed of.

CWP No. 986/2018.

Issue notice. Mr. Prashant Sharma, Advocate waives

notice on behalf of the respondents. Reply be filed within two

weeks. Rejoinder within two weeks thereafter. List on 28th

May, 2018.

CMP No. 3972/2018.

We are not inclined to grant any interim relief at this

stage. As such, application stands disposed of.

(Sanjay Karol)
Acting Chief Justice.

                                                                    (Ajay      Mohan
Goel)
May 04, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 646 of 2018.

04.05.2018. Present: Mr. Avinash Jaryal, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Mr. Vijay Arora, Advocate, for respondent No.2.

Mr. Vijay Arora, Advocate, for respondent No. 2 points out

that the communication addressed to this Court wrongly stands

placed and registered as CMP in the present matter. It ought to

have been placed in CWP No. 554 of 2018 titled as Lalit Thakur

and others versus State of HP and others. Registry is directed to

place the present CMP on the said file.

Reply, as prayed for, be filed within four weeks. Rejoinder

within four weeks thereafter.

(Sanjay

Karol)
Acting Chief Justice.

                                                                      (Ajay      Mohan
Goel)

May 04, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 763 of 2018.

04.05.2018. Present: Mr. Anil Chauhan, vice counsel for the petitioner.

.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for
respondents No. 1 to 3.

Mr. Pranay Partap Singh, Advocate, for respondent
No.4.

Mr. Parmod Singh Thakur, Advocate, for respondent
No.5.

Mr. Ranjan Sharma, learned Additional Advocate General

has placed on record communication dated 19 th April, 2018.

List on 21st May, 2018, as prayed for, by the learned

counsel appearing for the petitioner. In the meanwhile, response be

filed by the respondents, if so required and desired.

(Sanjay Karol)
Acting Chief Justice.

                                                                       (Ajay      Mohan
Goel)
May 04, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 466 of 2018.

04.05.2018. Present: Mr. Pushpinder Kumar, vice counsel, for the
petitioner.

.

Mr. Rajesh Kumar Sharma, Assistant Solicitor

General of India, for respondent No.1/Unio of India.
Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms.
Charu Bhatnagar, Advocate, for respondent No.2.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Mr.C.N. Singh, Advocate, for respondent No.5.

Rejoinder, as prayed for be filed within two weeks.

List on 21st May, 2018, as prayed for.

CMP No. 3770/2018.

Let translated/ typed legible copy of Annexures be

filed within four weeks. Application stands disposed of.

(Sanjay
Karol)

Acting Chief Justice.

                                                                    (Ajay      Mohan
Goel)
May 04, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 192 of 2018.

04.05.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rakesh

Chauhan, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the

respondents/State.

Mr. Shrawan Dogra, Sr. Advocate with Ms. Nishi
Goel, Advocate, for respondents No. 2 and 3.

List on 5th May, 2018, before the Division Bench

Karol)
r to
which has already heard the matter.

(Sanjay

Acting Chief Justice.

                                                                  (Ajay      Mohan
Goel)

May 04, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWPIL No. 259 of
2017.

04.05.2018. Present: Mr. Bimal Gupta, Sr. Advocate, as Amicus Curiae,

.

with Mr. Vineet Vashishta, Advocate.

Mr. Ashok Sharma, Advocate General, with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal

Thakur, Additional Advocate Generals, for the
respondents/State.

The Chief Conservator of Forests, Rampur

Bushehar, District Shimla is Impleaded as party respondent

No. 5 in the array of the respondents. Registry to carryout

necessary correction in the memo of parties.

In view of the averments made in para-1 (iv) of the

affidavit dated 25th April, 2018, filed by respondent No.3

(Director General of Prisons Correctional Services,

Himachal Pradesh), it is expected of the Chief Conservator of

Forests, Rampur Bushehar, District Shimla to process the

case expeditiously and not later than four weeks from today,

for onward completion of formalities by the State which, we

are informed, shall positively be completed within a period of

three weeks thereafter.

Let status report be filed within five weeks. List on

18th June, 2018.

(Sanjay
Karol)
Acting Chief Justice.

                                                                       (Ajay      Mohan
Goel)
May 04, 2018. Judge.
(cm)

10/05/2018 23:12:16 :::HCHP
CWPIL No. 199 of
2017.

05.05.2018. Present: Court on its own motion.

.

Mr. Ranjan Sharma, Additional Advocate General,
for the respondents/State.

List on 10th May, 2018, to enable the Director,

Panchayati Raj and Rural Development file his personal

affidavit, indicating details with regard to the public

representatives of Panchayati Raj Institutions, against

home FIRs stand registered, under the various provisions

of law.

(Sanjay
Karol)

Acting Chief Justice.

(Sandeep

Sharma)
May 05, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWPIL No. 269 of
2017.

05.05.2018. Present: Ms. Jyotsna Rewal Dua, Sr. Advocate, as Amicus

.

Curiae, with Ms. Charu Bhatnagar, Advocate.

Mr. Ranjan Sharma, Additional Advocate General,
for the respondents/State.

Mr. Rajesh Kumar Sharma, ASGI, for Union of India.
Mr. Rahul Mahajan, Advocate, for Northern Railways.
Mr. Hamender Chandel, Advocate, for MC Shimla.
Mr. Tara Singh Chauhan, Advocate, for Pollution
Control Board.

Mr. Sanjeev Kuthiala, Advocate, for respondent
No.10-MC. Parwanoo.

The Director, Urban Development, Government

of Himachal Pradesh has filed his affidavit dated 3 rd May,

2018, stating the position with regard to clusters formed

within the State of Himachal Pradesh for the purposes of

dealing with the municipal solid waste. The position as

averred in the affidavit reads as under:

"Chart showing the status of Clusters Based on
Technical Feasibility study conducted by a

consultancy firms, under directions of HP State
Pollution Control Board.

Sr. Name of Cluster Status of Solid Status of land
No. for which feasibility Waster
study conducted Management
Facility Plant

1. Baddi (including Baddi, Tenders floated on Land identified at Kenduval
Nalagarh Parwanoo Towns) 22.1.2018 tender to be Malpur Panchayat,
opened on 3.5.2018 Baddi, District Solan

2. Mandi (including Technical Feasibility study Land identified at
Mandi, Sundernagar, Jogindernagar, being revised (to be Diargi Panchayat, under
Nerchowk, Karsog, Sarkaghat completed by 15.5.2018) Balh Tehsil District Mandi,
Rewalsar Towns) (Tender to be floated by
31.5.2018)

3. Ghumarwin/Hamirpur Technical Feasibility Study Land identified at Jungle
(including Ghumarwin, Talai, Naina under progress ( to be Fetidhar in Fatoh
Devi, Bilaspur, Hamirpur Bhota completed by 31.5.2018) Panchayat in Ghumarwing
Towns) Tehsil District Bilaspur.

4. Kangra ) for Kangra and Nagrota Technical Feasibility Study Land identified at Rajhiana
Towns) to be conducted by 31.5.2018 Khas, in Raunkhar
Panchayat Near Nagrota
Bagwan District Kangra.

5. Chamba ( for Chamba Town) Technical Feasibility study Land identification is in
to be conducted by 31.5.2018 progress.

6. Rohroo (for Rohroo Town) Technical Feasibility study Land identification is in
to be conducted by progress.

31.5.2018

7. Rampur (for Rampur and other Technical Feasibility study Land identification is in
nearby Panchayats) to be conducted by 31.5.2018 progress."

10/05/2018 23:12:16 :::HCHP
-2-

.

2. Insofar as, identification of land is concerned, we

notice that at four places, i.e., Baddi, Mandi, Kangra and

Ghumarwin/Hamirpur, land stands identified. Land with

respect to clusters at Chamba, Rohroo and Rampur

Bushehar, has yet not been identified.

3. Well, we see no reason as to why this process

cannot be speeded, for the situation cannot be more

grave as stands admitted by the Director, Urban

Development, Government of Himachal Pradesh in para 6

of the affidavit, which reads as under.

"6.That it is pertinent to mention here at this stage that in all 54
Urban Local Bodies (ULB's) of the State, the total waste generated is

342 Tones per day approximately. For collection of this waste, the
work of Door-to-Door Garbage collection is being done in 252
Wards out of total 499 Wards (under all Urban Local Bodies ion the

State). In other places, the work of garbage collection is done
through Community-bins placed at different locations in the towns.
Approximately 25% of the total waste collected is being treated in 4
Compost Plants which are functional at Hamirpur, Manali, Nahan
Kullu and 1 Energy Plant functional at Shimla. However, the chart
showing the details of Door to Door garbage collection works
performed in all Urban Local Bodies in the State is placed at
Annexure R-1/6"

4. There is no provision for dealing with 75% of the

total municipal solid waste generated each day.

5. The process for identification of land is required

to be completed by the Agencies hired by the H.P. State

Pollution Control Board. Also, we notice that the process

10/05/2018 23:12:16 :::HCHP
-3-

of study for technical feasibility has yet not been

.

completed. The Board itself has fixed time for completing

the said process. As such, we direct that under all

circumstances, the process for identification of land, if not

already done, as also the completion of technical

feasibility study, be completed on or before 31 st May,

2018, as indicated in the affidavit of Director, Urban

Development, Government of Himachal Pradesh, itself.

6. We notice that two firms, i.e., Quercus Group,

Denmark and Development Environergy Services Ltd.

(DESL) Delhi stand appointed by the Himachal Pradesh

State Pollution Control Board for all the clusters in the

State of Himachal Pradesh.

7. With respect to cluster at Baddi, for which

tenders were floated and opened on 3.5.2018, Shri

Ranjan Sharma, learned Additional Advocate General

states that since there was only a single bidder, the

process of technical valuation is underway.

8. We direct the State to take decision with respect

to the same, positively within a period one week from

today.

9. Shri Tara Singh Chauhan, Advocate, for the H.P.

State Pollution Control Board points out that post-

10/05/2018 23:12:16 :::HCHP
-4-

identification of the land, under the Environment Impact

.

Assessment (EIA) Notification dated 14th September,

2006, public hearing is required for the reason that project

would fall under the category (B1 or B-2).

10. On this issue, learned counsel for the

parties invites our attention to the order dated 26.4.2013

passed by a Coordinate Bench of this Court in CWP No.

56 of 2009, titled Court on its own motion versus State of

Himachal Pradesh and others, which reads as under:

"We have heard the counsel appearing for the respective parties.

The issue, that we need to address in this order, is whether the
Corporation   can   be   permitted   to   commission   the   Solid   Waste
Management  Project  (  in  short  SWMP)  for Shimla  City, which  is

stated to be ready in all respects since January 2012.  

2. It is common ground that the trial run of the project was

conducted on 15.01.2012 and since then the same is being used
on trial basis.   The Corporation, however, is not in a position to
formally commission the project because of the objection raised by

the State Environment Appraisal Committee (SEAC).  According to
the   said   Committee,   the   question   as   to   whether   the   project   is
covered under Category B­1 or B­2, was required to be considered
in the first place in terms of order dated 21.09.2012 passed by
this Court in the present petition.   The Committee has examined
that question and is of the opinion that the project is covered by
Category B­1 and for that purpose, will have to resort to the public
hearing   before   giving   clearance   to   the   Corporation   for
commissioning the project.  

3. It   is   not   in   dispute   that   the   question   regarding
establishment   of   SWMP   was   under   active   consideration   of   the
Corporation for Shimla City and the proposal was also considered
at the highest level in Environment Ministry, Government of India,
as back in March 2007.  The Environment Ministry finally granted
inprinciple   clearance   for   establishment   of   SWMP   for   the   City   of
Shimla   at   the   stated   location   which   is   situated   in   forest   area.

That   in   principle   decision   was   granted   in   February   2010   and

10/05/2018 23:12:16 :::HCHP
finally environment clearance in that regard has been issued by
the Ministry of Environment on 19.04.2010. Only thereafter the 
­5­

.

Corporation took further steps and invited tenders for setting up

the SWMP at the approved location by Public Private Participation
Mode.  The Corporation then proceeded to appoint the contractor,
who in turn, has already invested more than ` 8 crores for setting

up the SWMP.   As stated earlier, the said Project is ready in all
respects   and   trial  run  has   been  conducted   as   back  in   January
2012.  The formal commissioning of the Project will have to be now
done  by the  Corporation  which  is  deferred  because  of  approval

awaited from the Committee.  

4. In  the  peculiar facts  of  the  present  case, we  are  of the
considered   opinion   that   the   Committee   should   not   delay   the
issuance of clearance for commissioning the Project as requested

by the Corporation; and in any case, it cannot insist for following

the procedure of public hearing at this stage as precondition for
issuing   the   clearance   certificate.     As   a   matter   of   fact   that
procedure ought to precede the commencement of the work of the
Project   and   not   after   the   work   is   completed   and   the   Project   is

ready in all respects.  Moreover, it is stated across the Bar, by the
counsel appearing for the Ministry of Environment, Government of
India,   that   the   Government   of   India   has   already   set   up   a

Committee to evaluate the Projects and for its categorization.  It is
that   Committee,   who,   at   best,   can   be   said   to   be   competent   to

examine the question as to whether the SWMP established by the
Corporation for Shimla City, falls within the Category B­1 or B­2.
In any case, the categorization of the Project will be insignificant

in the fact situation of the present case, considering the fact that
the   Project   has   already   been   completed   in   all  respects   and   the
trial run thereof has been done as back as since January 2012.  

5. It is not in dispute that the present petition is pending in
this Court since December 2009 and all steps have been taken by
the   Corporation   in   terms   of   the   directions   issued   by   this   Court
from time to time.  Besides, pendency of this petition as aforesaid,
the   Corporation   issued   public   notice   inviting   offers   from   the
interested   contractors   for   construction   of   the   plant.     In   other
words, the issue has been in public domain since quite some time
and it is too late to resort to public hearing as is insisted upon by
the said Committee.   

6. As a result, in the peculiar facts of this case, in the larger
public interest, we direct the Committee to process the proposal
submitted   by   the   Corporation   for   grant   of   clearance   without
insisting for procedure of public hearing. Indeed, the Committee is
free   to   examine   other   technical   aspects,   if   any,   before   grant   of

10/05/2018 23:12:16 :::HCHP
such clearance.  That shall be done within four weeks from today
and   compliance   report   submitted   to   this   Court   before   the   next
date.   Upon   receipt   of   communication   from   the   Committee,   the

.

Corporation will proceed in the matter in accordance with law.  

­6­

7. We restate that we are inclined to take this view in the

fact   situation   of   the   present   case,   as   the   Project   has   been
established   by   the   Corporation   and   after   obtaining   necessary
clearances from the Ministry of Environment, Government of India.

8. Place   this   petition   for   further   directions   on  

27  May, 2013.  Copy dasti." 

th

11. We find the circumstances, at this point in time to

be similar, to be in existence, as stand noticed in the

order reproduced (supra).

12. Noticeably, in the State of Himachal Pradesh,

perhaps, at this point in time, there is only one Solid

Waste Management Treatment Plant, at Shimla, which

too, was established with the intervention of this court, to

cater the need of Shimla town. In this backdrop, we find

that the public hearing needs to be dispensed with.

Ordered accordingly.

13. At this point in time, Mr. Hamender Chandel,

Advocate, for the Municipal Corporation, Shimla points

out that technology used for establishing the plant in

Shimla is treating the waste to generate energy and

impetus must be given to propagate and promote such

like plant, more so, keeping in view the policy framed by

the Government of India.

10/05/2018 23:12:16 :::HCHP

14. Well, we are sure, this aspect shall positively be

considered by the State.

.

-7-

15. We direct the Chief Secretary, Government of

Himachal Pradesh to convene a meeting of all the

stakeholders and take a decision with regard to the latest

technology, which is viable, more efficient and

environment friendly, while calling tenders for setting up of

the plants.

16. Suggestions in this regard can be called from

various sectors through E-mails.

17. In this regard, affidavit of the Chief Secretary,

Government of Himachal Pradesh be filed within two

weeks.

18. At this stage, Shri Sanjeev Kuthiala, Advocate,

for Municipal Council Parwanoo (respondent No.10),

states that they have been pursing the matter with one

such entrepreneur by the name of Shri Shyam Industries.

Let the authorized representatives of the said

entrepreneur remain present in Court on 8th May, 2018.

List on 8th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

10/05/2018 23:12:16 :::HCHP

                                          (Ajay      Mohan
Goel)
May 05, 2018. Judge.
(cm)

.

r to

10/05/2018 23:12:16 :::HCHP
CWPIL No. 118 of 2017.
05.05.2018. Present: Mr. Praneet Gupta, Advocate, as Amicus Curiae.

Mr. Ranjan Sharma, Additional Advocate General, for the
respondents/State.

.

Mr. Hamender Chandel, Advocate, for MC Shimla.

Mr. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu
Bhatnagar, Advocate, for respondent No.6.
Mr. Ail Chauhan, Advocate, for respondent No.7.

Mr. Aman sood, Advocate, for respondent No.9.
Ms. Vandana Misra, Advocate, for the applicant.

Yesterday, this Court was apprised of the fact that in and

around Mashobra hamlet, several unauthorized multiple storied

constructions have come up over night and none has bothered to

check the same. It is in this backdrop, the matter was ordered to be

listed today.

We direct the Chairman, Special Area Development

Authority (SADA), Kufri, Deputy Commissioner, Shimla and

Commissioner, Municipal Corporation, Shimla to carry out joint

inspection of all the newly built up structures/structures which are

under construction and ascertain the factual position with regard to

any illegality or irregularity being carried out in the course of such

construction.

Let report in this regard be positively filed before the next

date.

Mr. Ranjan Sharma, learned Additional Advocate General

and Mr. Hamender Chandel, Advocate, for the Municipal

Corporation, Shimla undertake to communicate the order to the

aforesaid authorities on telephone and through electronic mode.

List on 8th May, 2018. Copy dasti.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 05, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CR No. 3 of 2017.

07.05.2018. Present: Mr. Rajesh Kumar Sharma, Assistant Solicitor
General of India, for the petitioner/Union of India.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the

respondents/State.

Admit.

Issue post admission notice. Mr. Ranjan Sharma,

learned Additional Advocate General waives notice on behalf

of the respondents. Parties to complete the pleadings within

six weeks.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 4524 of
2015.

07.05.2018. Present: Mr. Tek Chand vice counsel for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the

respondents/State.

Mr. T.S. Chauhan, Advocate, for respondents No. 2
to 5.

Admit.

Issue post admission notice. Mr. Ranjan Sharma,

learned Additional Advocate General waives notice on behalf

of respondent No. 1 and Mr. T.S. Chauhan, Advocate, waives

the same on behalf of respondents No. 2 to 5. Parties to

complete the pleadings within six weeks.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)

May 07, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWPIL No. 8 of 2015.

07.05.2018. Present: Mr. Aman Sood, Advocate, as Amicus Curiae.

Mr. Ashok Sharma, Advocate General with Mr. J.K. Verma, Mr.

.

Ranjan Sharma, and Mr. Nand Lal Thakur, Additional Advocate

Generals, for the respondents/State.
Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap Singh,
Advocate, for respondent No.8.
Mr. Vikrant Thakur, Advocate, for HPSEB.

Mr. Devan Khana, Advocate, Local Commissioner.

On the request of Mr. Devan Khanna, Advocate, who is

Local Commissioner in this matter, the Principal Secretary, Town and

Country Planning), Government of Himachal Pradesh and the Director

Town and Country Planning, Shimla, are impleaded as party

respondents No. 10 and 11. Registry to carry out necessary correction in

the memo of parties.

Issue notice to the newly impleaded respondents. Mr.

Ranjan Sharma, learned Additional Advocate General waives notice on

behalf of the said respondents.

Report of the Local Commissioner (4 Vols.) stands taken

on record, during the course of hearing.

Mr. B.C. Negi, learned Senior Advocate states that the

expenses for preparation of the report shall be borne by respondent

No.8 (The Municipal Corporation Dharamshala through its

Commissioner).

Let the State get the photocopies of the report of the

Local Commissioner prepared and supply to all the learned counsel for

the parties.

Response to the report be positively filed within a period

of one week. List on 14th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 947 of 2018.

07.05.2018. Present: Mr. Vikrant Thakur, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Mr. Aman Sood, Advocate, for respondent No.3.
Mr. Rajesh Kumar Sharma, Assistant Solicitor
General of India, for respondent No.4.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of respondents No.

1 and 2, Mr. Aman Sood, Advocate and Mr. Rajesh Kumar

Sharma, Assistant Solicitor General of India, waive the same

on behalf of respondents No. 3 and 4 respectively. Reply be

filed within four weeks. Rejoinder within four weeks thereafter.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
CWP No. 676 of 2018.

07.05.2018. Present: None for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondent/State.

Despite repeated calls, no one has put in

appearance on behalf of the petitioner. The petition is

dismissed in default and for non-prosecution.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:16 :::HCHP
LPA No. 281 of 2010.

07.05.2018. Present: Mr. P.P. Chauhan, Advocate, for the appellant.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Ms. Nishi Goel, Advocate, for respondent No.4.

CMP No. 3877/2018.

For the reasons so assigned in the application, the

same is allowed. Order dated 7.1.2018, dismissing the appeal

for non-prosecution, without reference to the Court, is recalled.

The appeal is restored to its original number and position.

Application stands disposed of.

List the appeal on 8th May, 2018, as prayed for.

(Sanjay Karol)

Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 247 of 2018.

07.05.2018. Present: Mr. Satyen Vaidya, Sr. Advocate, with Mr. Vivek
Sharma, Advocate, for the petitioner.

.

Mr. P.P. Chauhan, Advocate, for respondent No.1.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondent/State.

Admit.

Issue post admission notice. Mr. P.P. Chauhan,

Advocate, waives notice on behalf of respondent No.1 and Mr.

Ranjan Sharma, learned Additional Advocate General waives

the same on behalf of respondent No.2.

Reply be filed within four weeks. Rejoinder within

four weeks thereafter. Hearing be expedited.

Interim order passed on 24.1.2018, is made

absolute.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CMP(M) No. 364 of
2018.

07.05.2018. Present: Ms. Kiran Dhiman, vice counsel for the petitioner.

.

Mr. Rajesh Kumar Sharma, Assistant Solicitor
General of India, for respondent No.1.
Mr. Aman Sood, Advocate, for respondents No. 2 to

4.

Issue notice. Mr. Rajesh Kumar Sharma, learned

Assistant Solicitor General of India, waives notice on behalf of

respondent No. 1 and Mr. Aman Sood, Advocate waives the

same on behalf of respondents No. 2 to 4.

Reply be filed within four weeks. List on 11th June,

2018.

(Sanjay Karol)

Acting Chief Justice.

(Ajay Mohan Goel)

May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
OMP(M) No. 12 of
2018.

07.05.2018. Present: Mr. Aditya Sood, vice counsel for the appellant.

.

Mr. Diwan Singh, vice Ms. Vandana Kuthiala,

Advocate, for the respondent.

OMP(M) No. 12 of 2018.

For the reasons set out in the application, the same

is allowed. Delay of 12 days in filing the present appeal is

condoned. Application stands disposed of.

                                r   ITA No.     of 2018.

Be registered.

Admit on the following substantial questions of law.

(a) Whether the Ld. Income Tax Appellate Tribunal is right in

law and facts in holding that the amount received on
acquisition of the property was to be assessed as short
term capital gains, though admittedly appellant had never

claimed depreciation and the said property had not been
run by her whereas same had been given on lease?

(b) Whether after issuance of circular dated 25/10/2016
bearing No.25/10/2016 the amount received on

acquisition of asset is taxable ion the eyes of law?

(c) Whether the order of the Ld. Income Tax Appellate
Tribunal not having considered the factual matrix of the
case in proper prospective suffers from perversity?

List in due course.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
C.R. No. 192 of 2017.

07.05.2018. Present: Mr. R.L. Verma, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondent/State.

Admit.

Issue post admission notice. Mr. Ranjan Sharma,

learned Additional Advocate General waives notice on behalf

of the respondents. Reply be filed within four weeks. Rejoinder

within four weeks thereafter. List in due course.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 869 of 2017.

07.05.2018. Present: Mr.Vijay Chaudhary, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for
respondents No. 1 to 4.

None for respondent No.5.

Mr. Naresh Kaul, Advocate, for respondent No.6.
Respondent No. 7 already ex parte.

Admit.

Issue post admission notice. Mr. Ranjan Sharma,

learned Additional Advocate General waives notice on behalf

of respondents No. 1 to 4 and Mr. Naresh Kaul, Advocate,

waives the same on behalf of respondent No.6.

Reply be filed within two weeks. Rejoinder within two

weeks thereafter. List in the Weekly Cause List commencing

1st June, 2018.

CMP No. 3064/2017.

Interim order passed on 2.5.2017, is made absolute.

Application stands disposed of.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 868 of 2017.

07.05.2018. Present: Mr.Vijay Chaudhary, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal
Thakur, Additional Advocate Generals, for
respondents No. 1 to 4.

None for respondent No.5.

Mr. Naresh Kaul, Advocate, for respondent No.6.
Respondents No. 7 to 11 already ex parte.

Admit.

Issue post admission notice. Mr. Ranjan Sharma,

learned Additional Advocate General waives notice on behalf

of respondents No. 1 to 4 and Mr. Naresh Kaul, Advocate,

waives the same on behalf of respondent No.6.

Reply be filed within two weeks. Rejoinder within two

weeks thereafter. List in the Weekly Cause List commencing

1st June, 2018.

CMP No. 3062/2017.

Interim order passed on 2.5.2017, is made absolute.

Application stands disposed of.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 07, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWPIL No. 278 of 2017.

08.05.2018. Present: Court on its own motion.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

.

Verma, Mr. Ranjan Sharma, and Mr. Nand Lal Thakur,

Additional Advocate Generals, for the respondents/State.
Mr. Hamender Chandel, Advocate, for respondent No.3-
Municipal Corporation, Shimla.

Mr. Anirudh Sharma, Advocate, for respondent No.5
Pollution Control Board.

Mr. Jaswant Singh, President SEHB Society with Mr.
Dheeraj Kanwar, Abhishek Barowalia and Mr. Kunal
Verma, Advocates for the SEHB Society.

Mr. Hamender Chandel, Advocate, for respondent

No.3 (Municipal Corporation Shimla), points that out of 449

workers, 375 workers/garbage collectors have resumed their

work. Three are on authorized leave and 71 workers/garbage

collectors have not responded despite orders passed by this

Court. Also, notification under the provisions of Essential

Services and Maintenance Act, 1968 (ESMA) stands issued.

Further, out of 32 supervisors, 30 have joined and two have

yet not joined.

Mr.Hamender Chandel, Advocate vehemently argues

that time has now come to take action against the defaulters,

who ex-facie, are in contempt of this Court. We are conscious

of such fact.

Under instruction from Mr. Jaswant Singh, President

of the Workers Society, M/s Dheeraj Kanwar, Abhishek

Barowalia and Kunal Verma, Advocates, at this point in time

request that action against the erring workers/defaulters be

postponed and, at least, two days time be granted to them to

resume their work of collecting garbage.

10/05/2018 23:12:17 :::HCHP
-2-

Well, we are not inclined to grant two days' time and

.

as such direct all the workers and the supervisors to resume

their work latest by tomorrow (9.5.2018), unless some of them

cannot join on account of bonafide/medical reasons.

We clarify that in all eventualities, all 71+2

workers/supervisors must resume their work within two days

from today.

Let affidavit of compliance be filed by Mr. Jaswant

Singh, who is president of the workers association before the

next date.

List on 9th May, 2018 at 1.00 p.m.

(Sanjay Karol)

Acting Chief Justice.

(Ajay Mohan Goel)
May 08, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWPIL No. 118 of
2017.

08.05.2018. Present: Mr. Praneet Gupta, Advocate, as Amicus Curiae.

.

Mr. Ashok Sharma, Advocate General with Mr.

J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand
Lal Thakur, Additional Advocate Generals, for the
respondents/State.

Mr. Hamender Chandel, Advocate, for MC Shimla.
Mr. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu
Bhatnagar, Advocate, for respondent No.6.
Mr. Anil Chauhan, Advocate, for respondent No.7.

Mr. Aman sood, Advocate, for respondent No.9.

Mr. J.K. Verma, learned Additional Advocate General

states that officers shall positively visit the spot within one

week. Report be submitted before the next date. List on 17th

May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)

May 08, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWPIL No. 77 of
2017.

08.05.2018. Present: Mr. Varun Chauhan, vice Mr. Satyen Vaidya, Sr.

.

Advocate, as Amicus Curiae.

Mr. Ashok Sharma, Advocate General with Mr.
J.K. Verma, Mr. Ranjan Sharma, and Mr. Nand
Lal Thakur, Additional Advocate Generals, for the

respondents/State.

Communication dated 7th May, 2018 from the

Director General of Police, Himachal Pradesh addressed

to the learned Advocate General Himachal Pradesh is

taken on record and is reproduced as under:

"To
The Advocate General,
State of HP, Shimla 171 001.

No. Law-III- (17) CWPIL No.77/2017-18761 dated 7th May, 2018.
Subject: CWPIL No. 77/2017-Court on its won motion Vs. State of HP
Sir,

In continuation of this office letter No. Law-III-(17) CWPIL No.
77/2017-18414, dated 5th may, 2018, on the above cited subject.

2. In this regard, it is intimated that the construction work of the
storage facilities for ND PS substance in the remaining districts of
State are executed by HPWED through the contractors. The name of

executive agencies and contractor thereof is as under:

Sr. Name of District Executive Agency Nam of contractor who has been
given this task.

No.

1. Bilaspur Executive Engineer, HPPWD, Div-1 Bilaspur, Sh. Ashok Kumar 9816002085

2. Hamirpur Executive Engineer, HPPWD, Div-1 Hamirpur, Sh. Saurav Katoch 94187-91777

3. Dharamshala (Kangra) Executive Engineer, HPPWD, Div-1 Sh. Sanjay Kaistha 94181-22329
Dharamshala

4. Nurpur (Kangra) Executive Engineer, HPPWD, Div. Nurpur Tender Called for the fixing of volts
and container and to be opened
on 9.5.2018.

5. Mandi Executive Engineer, HPPWD, Div-1 Mandi Sh. Ajay Jamwal 94184-53379.

6. Una Executive Engineer, HPPWD, Div-1 Una Sh. Gulshan Rai 98161-232359

Yours faithfully,
FOR DIRECTOR GENERAL OF POLICE,
HIMACHAL PRADESH"

We implead Sh. Ashok Kumar at Sr. No. 1, Sh.

Saurav Katoch, at Sr. No.2, Sh.Sanjay Kaistha at Sr. No.

3, Sh. Ajay Jamwal, at Sr. No. 5 and Sh. Gulshan Rai at

-2-

10/05/2018 23:12:17 :::HCHP
Sr. No. 6 of the aforesaid communication, as party

respondents No. 10 to 14 in the array of the respondents.

.

Registry to carry out necessary correction in the memo of

parties. Court notice be issued to the newly added

respondents. Service be effected through the respective

Executive Engineers.

List on 21st May, 2018.

(Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan Goel)
May 08, 2018. Judge.

(cm) 77

10/05/2018 23:12:17 :::HCHP

CWP No. 1014 of
2018.

08.05.2018. Present: Mr. V.S. Chauhan, Advocate, for the petitioner.

.

Mr. Rajesh Kumar Sharma, ASGI, for

respondents/Union of India.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal

Thakur, Additional Advocate Generals, for the
respondents/State.

Learned counsel for the petitioner undertakes to

remove objections raised by the Registry, if any, within a

period of two weeks. Such undertaking is accepted and taken

on record.

CMP No. 4125/2018.

Allowed and disposed of.

CWP No. 1014/2018 CMP No. 4126/2018.

Issue notice. Mr. Rajesh Kumar Sharma, Assistant

Solicitor General of India, waives notice on behalf of

respondents No. 1 and 2 and Mr. J.K. Verma, learned

Additional Advocate General waives the same on behalf of

respondent No.3.

List on 15th May, 2018, as prayed for. Reply be filed

in the meantime.

(Sanjay Karol)
Acting Chief Justice.

                                                                  (Ajay      Mohan
Goel)
May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 1013 of
2018.

08.05.2018. Present: Mr. B.C. Negi, Sr. Advocate with Mr. Vinay Mehta,

.

Advocate, for the petitioner.

Ms. Devyani Sharma, Advocate, for respondent
No.1.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondent No.2/State.

Learned counsel for the petitioner undertakes to

remove objections raised by the Registry, if any, within a

period of two weeks. Such undertaking is accepted and taken

on record.

CMP No. 4122/2018.

Allowed and disposed of.

CWP No. 1013/2018 CMP No. 4123/2018.

Issue notice. Ms. Devyani Sharma, Advocate, waives

notice on behalf of respondent No. 1 and Mr. J.K. Verma,

learned Additional Advocate General waives the same on

behalf of respondent No.2. Notice be issued to respondents

No. 3 to 6 returnable for 19th June, 2018 on taking steps

within one week.

List on 19th June, 2018. In the meantime, appearing

respondents may file reply.

(Sanjay Karol)
Acting Chief Justice.

                                                                  (Ajay      Mohan
Goel)
May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 1012 of
2018.

08.05.2018. Present: Mr. Neeraj Gupta, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Learned counsel for the petitioner undertakes to

remove objections raised by the Registry, if any, within a

period of two weeks. Such undertaking is accepted and taken

on record.

CMP No. 4115/2018.

Allowed and disposed of.

CWP No. 1012/2018.

Issue notice. Mr. J.K. Verma, learned Additional

Advocate General waives the same on behalf of respondents

No. 1 to 4. Notice be issued to respondent No. 5 returnable for

12th June, 2018, on taking steps within one week.

List on 12th June, 2018. In the meantime, appearing

respondents may file the reply.

CMP No. 4116/2018.

Notice in the aforesaid terms. Parties are directed to

maintain status quo as of today. Dasti copy.

(Sanjay Karol)
Acting Chief Justice.

                                                                     (Ajay      Mohan
Goel)
May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 1010 of
2018.

08.05.2018. Present: Mr. Ajay Sharma, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Learned counsel for the petitioner undertakes to

remove objections raised by the Registry, if any, within a

period of two weeks. Such undertaking is accepted and taken

on record.

CMP No. 4106/2018.

Allowed and disposed of.

CWP No. 1010/2018 CMP No. 4108/2018.

Issue notice. Mr. J.K. Verma, learned Additional

Advocate General waives the same on behalf of respondents

No. 1 to 3. Notice be issued to respondent No. 4 returnable

for 12th June, 2018, on taking steps within one week.

List on 12th June, 2018. In the meantime, reply be

filed by the appearing respondents.

CMP No.4109/2018.

Let legible copy /typed copies of Annexures be filed

within four weeks. Application stands disposed of.

(Sanjay Karol)
Acting Chief Justice.

                                                                     (Ajay      Mohan
Goel)
May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
Cr.WPIL No. 1 of
2018.

08.05.2018. Present: Court on its own motion.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the

respondents/State.

Issue notice. Mr. J.K. Verma, learned Additional

Advocate General waives the same on behalf of the

respondents/State.

r to
List on 11th May, 2018. In the meantime, response

be filed, failing which, Director General of Police, Himachal

Pradesh shall personally remain present in Court.

(Sanjay Karol)
Acting Chief Justice.

                                                                    (Ajay      Mohan
Goel)

May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
Cr.WPIL No. 2 of
2018.

08.05.2018. Present: Court on its own motion.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the

respondents/State.

Issue notice. Mr. J.K. Verma, learned Additional

Advocate General waives the same on behalf of the

respondents/State.

r to
List on 11th May, 2018. In the meantime, response

be filed, failing which, Director General of Police, Himachal

Pradesh shall personally remain present in Court.

(Sanjay Karol)
Acting Chief Justice.

                                                                    (Ajay      Mohan
Goel)

May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 720 of 2018 a/w CWP

Nos. 823, 824, 839 and 871 of 2018.

08.05.2018. Present: Ms. Megha Kapoor Gautam, Advocate, for the

.

petitioner.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the

respondents/State.

Mr. B.C. Negi, Sr. Advocate with Mr. Pranay Partap
Singh, Advocate, for Medical Council of India.

List on 9th May, 2018, as prayed for.

                          r           to                        (Sanjay Karol)
Acting Chief Justice.

(Ajay Mohan
Goel)
May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
LPA No. 281 of 2010.

08.05.2018. Present: Mr. P.P. Chauhan, Advocate, for the appellant.

.

Mr. Ashok Sharma, Advocate General with Mr. J.K.

Verma, Mr. Ranjan Sharma and Mr. Nand Lal
Thakur, Additional Advocate Generals, for the
respondents/State.

Ms. Nishi Goel, Advocate, for respondent No.4.

Arguments heard. Judgment reserved.

(Sanjay Karol)
Acting Chief Justice.

                          r                                        (Ajay      Mohan
Goel)

May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
CWPIL No. 269 of
2017.

08.05.2018. Present: Ms. Jyotsna Rewal Dua, Sr. Advocate, as Amicus

.

Curiae, with Ms. Charu Bhatnagar, Advocate.

Mr. Ashok Sharma, Advocate General with Mr. J.K.
Verma and Mr. Ranjan Sharma, Additional Advocate

Generals, for the respondents/State.
Mr. Rajesh Kumar Sharma, ASGI, for Union of India.
Mr. Prince Chauhan, Advocate, for Northern
Railways.

Mr. Hamender Chandel, Advocate, for MC Shimla.

Mr. Tara Singh Chauhan, Advocate, for Pollution
Control Board.

Mr. Sanjeev Kuthiala, Advocate, for respondent
No.10-MC. Parwanoo.

Mr. Sudhir Sharma, Executive Officer, MC

Parwanoo.

Mr. Amit Verma, representative of Shri Shyam
Industries in person.

Mr. Amit Verma, representative of Shri Shyam

Industries, who is present in Court, states that all he

needs to set up a totally economic friendly plant is 300

Sq. meters of land; water and electricity connection and

no objection/approval from the H.P. State Pollution

Control Board for establishing the plant with the compost

technology.

Mr. Hamender Chandel, Advocate, for the

Municipal Corporation Shimla, who is present in Court,

expresses certain apprehension with regard to the said

technology.

At this stage, we direct the project proponent to

have a meeting with the Director Urban Development,

Government of Himachal Pradesh, Member Secretary,

10/05/2018 23:12:17 :::HCHP
-2-

HP State Pollution Control Board and the Executive

.

Officer, Municipal Council, Parwanoo, on 10.5.2018 at

10.30 am at Parwanoo, who shall take a decision with

regard to the establishment of such plant at Parwanoo.

We request Mr. Hamender Chandel, to depute a

Technical exert from Municipal Corporation, Shimla to

participate in the proceedings. The Committee may,

perhaps consider entering into an arrangement with the

project proponent for providing the land which can be

handed back to the Municipal Council, in the event of

project not taking off or being unsuccessful.

The project proponent states that he is ready and

willing to bear all costs and shall set up the plant at his

own risk and responsibility. Also, he shall bear all

expenses for installation of water and electricity, if

provided for the said project.

List on 21st May, 2018.

(Sanjay Karol)
Acting Chief Justice.

                                                           (Ajay      Mohan
Goel)
May 08, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
COPC No. 226 of
2017.

09.05.2018. Present: None for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General with
Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita
Goswami, Additional Advocate Generals, for the

respondents/State.

Adjourned by four weeks.

(Sanjay Karol)

Acting Chief Justice.

(Sandeep
Sharma)

May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 1026 of
2018.

09.05.2018. Present: Mr. Suneet Goel, Advocate, for the petitioners.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General with
Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita
Goswami, Additional Advocate Generals, for the

respondents/State.

Learned counsel for the petitioners undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 4182/2018.

Allowed and disposed of.

CWP No. 1026/2018 CMP No. 4183/2018.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of the respondents.

List on 13th June, 2018. In the meantime, reply be filed by the

respondents.

Record be made available on the next date of

hearing. Copy dasti.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 1019 of
2018.

09.05.2018. Present: Mr. Surinder Saklani, Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General with
Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita
Goswami, Additional Advocate Generals, for the

respondents/State.

Learned counsel for the petitioners undertakes to remove

objections raised by the Registry, if any, within a period of two

weeks. Such undertaking is accepted and taken on record.

CMP No. 4152/2018.

Allowed and disposed of.

CWP No. 1019/2018.

Issue notice. Mr. Ranjan Sharma, learned Additional

Advocate General waives notice on behalf of the respondents.

List on 13th June, 2018. In the meantime, reply be filed by the

respondents.

CMP No. 4153/2018.

Notice in the aforesaid terms. In the meantime,

parties are directed to maintain status quo as of today.

CMP No. 4154/2018.

Let typed/legible copies of Annexures be filed within

four weeks. Application stands disposed of. Copy dasti.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep
Sharma)
May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 653 of 2018.

09.05.2018. Present: Mr. Ajay Vaidya, Advocate, for the petitioner.

.

Mr. Rajesh Kumar Sharma, ASGI, for respondents

No. 1 and 2.

Mr. Prashant Sharma, Advocate, for respondent
No.3.

List before a Bench in which one of us (Justice

Sandeep Sharma, J.), is not a Member on 29th May, 2018.

(Sanjay Karol)
Acting Chief Justice.

                          r                                                (Sandeep
Sharma)

May 09, 2018. Judge.
(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 640 of 2018.

09.05.2018. Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General with

Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita
Goswami, Additional Advocate Generals, for the
respondents/State.

CWP No. 640/2018.

Learned counsel for the petitioner undertakes to comply

with the earlier order within one week. Reply be filed within a period

of two weeks. Rejoinder within two weeks thereafter.

r CMP No. 2501/2018.

Application is disposed by clarifying that tender process

may go on. However, successful bidder be informed that award of

work shall be subject to outcome of the present writ petition.

(Sanjay Karol)

Acting Chief Justice.

(Sandeep Sharma)
May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 639 of 2018.

09.05.2018. Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General with

Mr. J.K. Verma, Mr. Ranjan Sharma, and Mr. Rita
Goswami, Additional Advocate Generals, for the
respondents/State.

CWP No. 639/2018.

Learned counsel for the petitioner undertakes to comply

with the earlier order within one week. Reply be filed within a period

of two weeks. Rejoinder within two weeks thereafter.

r CMP No. 2498/2018.

Application is disposed by clarifying that tender process

may go on. However, successful bidder be informed that award of

work shall be subject to outcome of the present writ petition.

(Sanjay Karol)

Acting Chief Justice.

(Sandeep Sharma)
May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 628 of 2018.

09.05.2018. Present: Mr. Sunil Mohan Goel, Advocate, for the petitioners.

Mr. Ajay Vaidya, Sr. Additional Advocate General with

.

Mr. J.K. Verma, Mr. Ranjan Sharma, and Ms. Rita

Goswami, Additional Advocate Generals, for the
respondents/State.

Admit.

Issue post admission notice. Mr. Ranjan Sharma,

learned Additional Advocate General waives notice on behalf

of the respondents/State
r to
Reply be filed within six weeks. Rejoinder within six

weeks thereafter.

CMP No. 2440/2017.

Interim order passed on 4.4.2018, is made absolute.

Application stands disposed of.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep Sharma)
May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
CWP No. 419 of 2018.

09.05.2018. Present: Mr. Anup Rattan, Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General with

Mr. J.K. Verma, Mr. Ranjan Sharma, and Ms. Rita
Goswami, Additional Advocate Generals, for the
respondents/State.

Mr. Ajay Sipahiya, Advocate, for respondent No.6.

Learned counsel for the parties state at the Bar that

compromise is in progress. As such, matter is adjourned.

List on 30th May, 2018. In the meantime, learned

Additional Advocate General to ascertain as to whether they

would construct the path in question or not.

(Sanjay Karol)
Acting Chief Justice.

(Sandeep Sharma)
May 09, 2018. Judge.

(cm)

10/05/2018 23:12:17 :::HCHP
.

10/05/2018 23:12:17 :::HCHP

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation