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Himachal Pradesh High Court · body

2016 DIGILAW 2034 (HP)

Court on its own motion v. State of Himachal Pradesh

2016-09-21

MANSOOR AHMAD MIR, SANDEEP SHARMA

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. Respondents No. 1 to 11 have filed fresh status reports. Deputy Commissioner and Superintendent of Police, Solan, have also filed affidavits. Respondent No. 16 has filed the reply. Respondents No. 12 to 15 have not filed the status report. 2. At the oral request of learned Amicus Curiae, we deem it proper to array Chief Engineer, National Highways, Shimla; Deputy Commissioners, Solan, Bilaspur, Mandi, Hamirpur and Kangra, as party-respondents, shall figure as respondents No. 17 to 22 in the array of respondents. Registry to carry out necessary entry in the cause title. 3. Issue notice to newly added respondents No. 17 to 22. Mr. Anup Rattan, learned Additional Advocate General, waives notice on behalf of the said respondents. He has also made available two sets of Rules occupying the field across the Board, made part of the file. 4. Respondent No. 9 has moved CMP No. 7870 of 2016 for modification of order, dated 8th August, 2016. 5. We have heard learned Advocate General for a while. We deem it proper to pass the following directions: (i) Learned Amicus Curiae is requested to file response to the status reports filed by respondents No. 1 to 11 and rejoinder/counter to the reply filed by respondent No. 16. 5. We have heard learned Advocate General for a while. We deem it proper to pass the following directions: (i) Learned Amicus Curiae is requested to file response to the status reports filed by respondents No. 1 to 11 and rejoinder/counter to the reply filed by respondent No. 16. He is also requested to file fresh suggestions in view of the subsequent developments; (ii) The concerned authority is directed to furnish copy of complete record including the application, which was moved for grant of permission, alongwith all the NOCs obtained by respondent No. 16 for grant of permission, on the basis of which permission was granted to respondent No. 16 for raising the construction of the complex enabling the learned Amicus Curiae to assist this Court as to from which point the plinth point was to be raised; (iii) All the respondents are directed to comply with the directions issued by this Court from time to time and to ensure that no encroachment is made or no construction is made in violation of the sanction (s) granted; (iv) State-respondents to file objections to CMP No. 7870 of 2016, so that the concerned authority (ies), which is/are, in fact, responsible for maintaining the roads, National Highways and to remove encroachments, may be commanded to do the needful; (v) Respondents are also directed to file status reports viz-a-viz Shimla-Dharamshala National Highway in terms of the previous orders made by this Court; (vi) Respondents No. 3 and 17 to 22 are also directed to file status regarding the encroachments made on Shimla-Dharamshala National Highway, the steps taken for removal of the encroachments and its maintenance; and (vii) Respondent No. 9 also to file affidavit indicating therein progress of the work undertaken. 6. Respondents No. 12 to 15 are directed to remain present before this Court on the next date of hearing. List on 20th October, 2016. 7. Registry is directed to furnish dasti copy of this order to the learned Advocate General enabling him to convey the order to the concerned authorities.