Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 223 (HP)

NTPC Limited v. Gopal Dass

2018-02-27

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —It is not in dispute that the present appellant, against whom the learned Single Judge has passed the order, adjudicating the rights of the writ petitioner, directing the present appellant to release certain monetary compensation and benefits, was not arrayed as a party by the writ petitioner in the writ proceedings. 2. It is a classic case where the present appellant was condemned unheard and without notice or inviting comments/views, the order was passed behind its back. We notice that before filing the present appeal, the present appellant has also filed an application seeking review of the judgment, which also stood dismissed. 3. We are informed that cases pertaining to similarly situated writ petitioners are pending consideration before the learned Single Judge and in some of such cases, the present appellant stands impleaded as party respondent. 4. Considering the fact that the principles of natural justice stand violated, on this short ground alone, without expressing any opinion on merit, we set aside judgment, dated 27th August, 2008, passed in CWP No. 755 of 2008, titled as Gopal Dass Vs. The State of H.P. and others and remand the matter back for adjudication afresh, in accordance with law. 5. Needless to add, we also set aside order dated 21.08.2009, passed in CMP No. 2956 of 2008 filed in CWP No. 755 of 2008, whereby the prayer of the present appellant seeking review of the main judgment was dismissed. 6. The present appellant, namely, NTPC Limited, Kol Dam Hydro Power Project, Village and P.O. Barmana, Tehsil Sadar, District Bilaspur (HP) through its Manager shall stand impleaded as party respondent in the said writ petition. 7. Mr. Neeraj Gupta, learned counsel for the appellant states that response to the writ petition shall be filed within a period of eight weeks from today. 8. The writ petition be tagged alongwith other petitions filed by similarly situated persons, particulars whereof shall be filed by the learned counsel for the respondent(s) to the Registry. Appeal stands disposed of, so also pending miscellaneous application(s) , if any.