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2016 DIGILAW 1431 (HP)

Asha Chauhan v. Himachal Pradesh Bus Stand Management and Development Authority

2016-07-19

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Mansoor Ahmad Mir, C.J. (Oral) Respondents have not filed the status report, as directed by this Court in terms of previous orders. A perusal of the file does disclose that the respondents, particularly, respondent No.13, have not complied with the directions contained in the order, dated 15th March, 2016, passed by this Court and, prima facie, it appears that respondent No.13 is in breach. 2. At this stage, the learned Advocate General submitted that despite this Court having already decided two Public Interest Litigation Petitions i.e. CWPIL Nos. 4 of 2009 and 5 of 2010, by a common order, dated 20th November, 2014, wherein, after noticing the averments contained in the affidavit filed by the Northern Railways, directions were given to the Northern Railways to construct a multi-storeyed parking; the Northern Railways after removing Railway Godown existing at the spot, is utilizing the vacant space for parking, has failed to construct the multi-storeyed parking. 3. It is apt to reproduce the order, dated 20th November, 2014, passed in CWPIL Nos.4 of 2009 and 5 of 2010 hereunder: ?Respondent No.8 has filed the affidavit in terms of order dated 16th November, 2014. It is stated in the affidavit that the Northern Railways has decided to construct multi-storied parking at Railway Godown below Winter Field, Shimla and proposal has already been sent for earmarking the land measuring 546.77 sqms. It is apt to reproduce the relevant portion of the affidavit herein:- ?That the Department of Railways have constituted Rail Land Development Authority (hereinafter referred to as RLDA) and it is the statutory authority constituted under the Ministry of Railways for development of vacant Railway land for commercial use for the purpose of generating revenue by non-tariff measures. Northern Railways has already sent proposal to give the Railway land measuring 546.77 sqm. at Railways Godown Below Winter field Shimla H.P. to Rail Land Development Authority (RLDA) for the construction of multi-storeyed parking at Railway Godown below Winter field, Shimla. Copy of letter dated 29.10.2014 is annexed herewith as Annexure A-1. 2. Discussion has been held with vice Chairman RLDA who has agreed in principal to develop the above. A joint team is being nominated to make the plan for the above work which will sent to the Department of Town & Country Planning, Municipal Corporation and other statutory authorities for approval. 2. Discussion has been held with vice Chairman RLDA who has agreed in principal to develop the above. A joint team is being nominated to make the plan for the above work which will sent to the Department of Town & Country Planning, Municipal Corporation and other statutory authorities for approval. Multi-storied parking at Railway Godown below Winter Field Shimla will be got constructed by RLDA thereafter.? 2. State has also filed the affidavit in terms of order dated 17th July, 2014 and order dated 16th November, 2014, wherein it is stated that nine months period is required to do the needful. It is profitable to reproduce para-2 of the affidavit herein:- ?2. That as per the directions of Hon'ble High Court of Himachal Pradesh dated 17-07-2014, the design wing of HPPWD was to check and verify the design evolved by the Superintending Engineer, 4th Circle, HP PWD Shimla. The Chief Engineer (SZ) vide his office letter No. PW-SE (D-III) Misc. 4th Circle/2014-174-175 dated 15-10-2014 has intimated that the drawings submitted by the office of deponent is in order and has further advised deponent to take necessary action accordingly. The copy of this sanction letter of structural drawings is annexed herewith as Annexure R-I. Now e-tendering of this work i.e. construction of Foot Over Bridge near Vidhan Sabha as per earlier undertaking so made in para 7 of compliance affidavit dated 21.05.2014 and in para 9 of compliance affidavit dated 16.07.2014 shall also be completed within next three months and shall further be constructed and completed within next six months i.e. in total nine months.? 3. Learned Advocate General sought and granted nine months to do the needful. 4. In the given circumstances, respondent No.8 is granted nine months period from today for taking all requisite steps, enabling it to obtain permissions/sanctions for raising construction of the said parking and thereafter one year period is granted for completing the construction. 5. All State Authorities are directed to grant requisite permissions to respondent No.8, as per the rules occupying the field, if request is made. 6. The parties are at liberty to seek extension of time on plausible grounds and also for laying motion for seeking appropriate directions, which may be required in order to complete the construction of Foot Over Bridge near Vidhan Sabha and the said multi-storied parking. 7. 6. The parties are at liberty to seek extension of time on plausible grounds and also for laying motion for seeking appropriate directions, which may be required in order to complete the construction of Foot Over Bridge near Vidhan Sabha and the said multi-storied parking. 7. Having said so, both the petitions are disposed of alongwith all pending applications.? 4. In view of the above stated position, respondent No.13 is asked to show cause within two weeks from today as to why contempt proceedings be not drawn against the said respondent. 5. Learned Amicus Curiae stated that the Tree-Committee has made some report. The learned Advocate General to seek instructions about the consequential action drawn in terms of the said report. 6. All the respondents are directed to file the compliance reports/status reports in terms of order, dated 15th March, 2016, passed by this Court within three weeks from today. Except respondents No.10 and 11, all other respondents also to remain present in person before this Court on the next date of hearing. List on 16th August, 2016.