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Himachal Pradesh High Court · body

2018 DIGILAW 138 (HP)

Dalip Singh v. State Of H. P.

2018-01-11

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, Acting Chief Justice - Petitioners approached this Court, praying for several reliefs. Essentially, grievance vented out is against Satluj Jal Vidyut Nigam Ltd., a proponent of the Hydel Power Project, established in village Nathpa. Allegedly, with the construction of the project, property of the villagers stands damaged and the benefits under the rehabilitation plan not accorded in accordance with law. 2. From time to time, this Court has been monitoring the present petition. Notice firstly came to be issued on 6.10.2009, since when several directions stand issued. 3. One notices that with the passage of time, several grievances of the petitioners stand redressed. In fact on 25.5.2011, while admitting the present petition, this Court passed the following interim order: "CMP No. 6628 of 2009. According to the petitioners, going by the materials produced by them in this Writ Petition, they are eligible and entitled to be included in the list of affected families of Nathpa and for the rehabilitation package thereof. Learned counsel for the 12th respondent submits that they only follow the decision taken by the 9th respondent. There will be a direction to the 9th respondent to look into the matter adverting to the materials produced by the petitioners and take a decision in the matter within a period of two weeks from the date of production of the copy of this order alongwith a copy of the application by the petitioners, before the 9th respondent. In the event of the 9th respondent including the petitioners in the list of persons entitled for the rehabilitation package, the eligible benefits shall be disbursed to them within another two months. There will also be a direction to the Deputy Commissioner, Kinnaur to see that the amounts required for the construction of the houses are disbursed strictly in terms of the package with a view to enable the affected parties to complete construction of houses before October, 2011, in case found otherwise eligible. The application is disposed of." 4. On 13.10.2017, again this Court passed the following interim order: "CMP No. 8555 of 2017 For the reasons so assigned in the application, the same is allowed and order dated 12th September, 2017, is recalled. The writ petition is restored to its original number and position. Application stands disposed of accordingly. The application is disposed of." 4. On 13.10.2017, again this Court passed the following interim order: "CMP No. 8555 of 2017 For the reasons so assigned in the application, the same is allowed and order dated 12th September, 2017, is recalled. The writ petition is restored to its original number and position. Application stands disposed of accordingly. CWP No. 3528 of 2009 Serious grievance is made out by the petitioners about non-compliance of terms of the agreement entered into with the project proponent, which fact is seriously disputed by the respondents. Be that as it may, before we pass further orders, considering the nature of allegations and more specifically that the residents of village are residing in cowsheds, without any proper and adequate supply of water and electricity, we deem it appropriate to constitute a Committee to be headed by the Chairman, District Legal Services Authority i.e. District Judge, Kinnaur at Rampur Bushahr, comprising of Deputy Commissioner, Kinnaur, Executive Engineer (PWD), General Manager, Satluj Jal Vidyut Nigam Ltd. ( respondent No. 12). The said Committee shall visit the village after 11th November, 2017 and submit its report within two weeks thereafter. The scope of inquiry by the Committee shall be, inter alia, examination of implementation of policies in vogue at the time of establishment of the project. List on 28th November, 2017." Vide order dated 7.11.2017, the aforesaid order stood clarified, to the effect that the "Committee shall carry out inspection of Village Sak Kanda". 5. Today when the matter was taken up, with the consent of the parties, following order is passed, with the petition being disposed of: This is in continuation of our earlier orders dated 13.10.2017 and 7.11.2017. The Committee shall comply with the orders so passed by this Court with the modification that in case General Manger, Satluj Jal Vidyut Nigam Ltd., is not personally in a position to visit the village in issue, then he may depute some responsible Officer in this regard. Similarly, if Deputy Commissioner, Kinnaur is also not physically in a position to visit the site, he shall also depute some responsible Officer, as already stands mentioned in the communication so addressed by the District and Sessions Judge, Kinnaur at Rampur Bushahr. Needful be done positively within a period of eight weeks from today. 6. Similarly, if Deputy Commissioner, Kinnaur is also not physically in a position to visit the site, he shall also depute some responsible Officer, as already stands mentioned in the communication so addressed by the District and Sessions Judge, Kinnaur at Rampur Bushahr. Needful be done positively within a period of eight weeks from today. 6. With the above observations, we dispose of the present petition with further direction to the Committee to issue necessary directions in case it comes to the conclusion that the policies in vogue at the time of establishment of the project were not implemented. It stands clarified that surviving grievance(s) of the petitioner(s), if any, can be raised by them before the appropriate authority in accordance with law. 7. Pending application(s), if any, also stand disposed of.