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2015 DIGILAW 1817 (HP)

Court on its own motion v. State of H. P.

2015-12-08

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2015
JUDGMENT : MANSOOR AHMAD MIR, J. CWPIL No. 15 of 2014 1. Respondents No. 3 and 8 have filed affidavits. While going through the affidavits, it appears that the respondents have not done the needful as was required in terms of the directions passed by this Court from time to time. 2. Keeping in view the affidavit filed by respondent No. 3, we deem it proper to implead the National Highway Authority of India through its Project Director, Implementation Unit, Shimla; Principal Secretary (Town and Country Planning) to the Government of Himachal Pradesh, Shimla; Director, Town and Country Planning, SDA Complex, Kasumpti, and the Superintending Engineer, Sewerage Circle, Shimla, as partyrespondents, shall figure as respondents No. 9 to 12 in the array of respondents. 3. Issue notice to newly added respondents No. 9 to 12. Ms. Amrita Messie, Advocate, and Mr. J.K. Verma, learned Deputy Advocate General, waive notice on behalf of respondent No. 9 and respondents No. 10 to 12, respectively. 4. All the respondents are directed to file fresh status/ compliance reports in terms of the orders passed by this Court from time to time. 5. In addition to this, respondent No. 3 is directed to remove all the encroachments after following due process of law, the mention of which has been made in the affidavit, dated 05.12.2015. 6. The Appellate Authority, which is seized of the appeals in terms of the said affidavit, is also directed to decide the appeals within fifteen days and report compliance. 7. The revenue authorities, particularly the Deputy Commissioners, Shimla and Solan, are directed to provide all requisite information and documents to the concerned respondents enabling them to submit report about the construction (s) which has/have been made on the National Highway from Kalka to Shimla, particularly in and around Barog and relating to the Bye-pass. 8. The National Highway Authority of India and all its officers, who are manning the posts in Shimla and Solan are directed to report about the encroachments made on the National Highway right from Kalka to Shimla. The National Highway Authority of India is also directed to submit a detailed report as to who has granted the sanction for raising the construction (s) on the both sides of the National Highway, particularly in and around Barog including the Bye-pass. 9. Respondent No. 8 has filed affidavit, dated 05.12.2015, which is cryptic. The National Highway Authority of India is also directed to submit a detailed report as to who has granted the sanction for raising the construction (s) on the both sides of the National Highway, particularly in and around Barog including the Bye-pass. 9. Respondent No. 8 has filed affidavit, dated 05.12.2015, which is cryptic. At the first glance, we were of the view to draw action against the Commissioner concerned, but deem it proper to direct respondent No. 8 to file a fresh affidavit and submit details about the violations and encroachments made and action drawn. 10. It is made clear that the status/compliance reports/ affidavits should contain all the details and not like that the matter will be looked into, as is recorded in the affidavit, dated 05.12.2015. 11. The status/compliance reports/affidavits be filed within two weeks. List on 28th December, 2015. In default, the respondents to appear in person on the next date of hearing. 12. Registry to furnish complete set of paper-book to the learned counsel appearing on behalf of newly added respondent No. 9 within two days. CWP No. 3428 of 2015 13. List alongwith CWPIL No. 15 of 2014. Copy of this order be supplied dasti to the learned counsel for the parties.