Court on its own motion v. State of Himachal Pradesh
2016-08-24
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2016
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. Ms.Jyotsna Rewal, learned Amicus Curiae, stated that respondent No.4/Consultant has filed the compliance affidavit, (pages 1516-1519), wherein it is stated that the revised work programme submitted by the Contractor in respect of package-I has been reviewed and final work programme would be forwarded to the employer for approval. So far as work programme qua Package-II is concerned, soft copy of the same has been sent by the contractor, which, after review, would be sent for approval of the employer by 29th August, 2016. The said status report also contains the details relating to both the packages and progress achieved till the filing of the same. It is also stated in the affidavit that the Contractor be directed to take all steps in order to avoid water logging. Mr.J.K. Verma, learned Deputy Advocate General, submitted that in terms of the affidavit filed by the Chief Engineer-cum-Project Director, dated 22nd August, 2016, (pages 1524- 1527), Rs.28.00 lacs stand deposited for dismantling of building belonging to Municipal Council, Theog and prayed that the Deputy Commissioner, Shimla be directed to take immediate steps to demolish the structure, so that it does not create any hindrance in the progress of the work. Learned Amicus Curiae also submitted that the Himachal Pradesh Electricity Board Limited has installed a transformer, mention of which has been made in the status report filed by respondent No.3/Contractor (Pages 1510-1515) and is required to be removed. In view of the above, we deem it proper to pass the following directions: i) The Deputy Commissioner, Shimla and other ancillary Departments are directed to take immediate steps and do the needful so that the building, mention of which is made in the previous order dated 16th August, 2016, is demolished after following due process of law. ii) The Executive Engineer concerned of the Electricity Board is directed to remove the transformer from its present place, install it in the vicinity so that the work does not hamper and also the consumers, for whom it had been installed, do not suffer. Since the Electricity Board is not party before us, Mr.J.K. Verma, learned Deputy Advocate General, to convey this order to the concerned Executive Engineer of the Electricity Board forthwith.
Since the Electricity Board is not party before us, Mr.J.K. Verma, learned Deputy Advocate General, to convey this order to the concerned Executive Engineer of the Electricity Board forthwith. iii) In terms of order dated 16th August, 2016, the respondents were directed to ensure smooth flow of traffic, but it appears that they have failed to do the needful and take steps as stated in paragraphs 3 and 4 of the status report filed by respondent No.5 i.e. Chief Engineer-cum-Project Director and the report of the Committee. Shri R.S. Jaswal, Executive Engineer, present in person, stated that they will ensure smooth traffic movement and will also take all steps required therefor. He, however, prayed that the Contractor and all other concerned departments be directed to provide requisite manpower and machinery for the said purpose. The Chief Engineer, HPPWD, all other Officers concerned and the Contractor are directed to keep the required machinery available on the spot and take all steps needed for maintaining smooth traffic movement. iv) The Deputy Commissioner, Shimla and the Superintendent of Police Shimla are directed to take all steps to ensure smooth flow of traffic round the clock. v) All the officers of the HPPWD, particularly the Executive Engineer, namely, R.S. Jaswal, Executive Engineer, PWD, are directed to ensure the free flow of the traffic on the road. vi) The Contractor is also directed to maintain the road properly so that there is no hindrance for the movement of the traffic. vi) Respondents-State are directed to file response to the status report filed by respondent No.4/consultant by or before the next date of hearing. viii) In addition, all the respondents, including the Committee constituted by the Court, are directed to file fresh status report(s)/compliance report(s) by or before the next date of hearing. List on 26th September, 2016. Copy dasti.