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2013 Supreme(HP) 999

A.M.KHANWILKAR, R.B.MISRA
Mangi Ram – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Digvijay Singh, Mr. K.D. Shreedhar and Mr. Y.S. Thakur
For the Respondent:Digvijay Singh, Advocate, Mr. K.D. Shreedhar and Mr. Y.S. Thakur, Advocate, Mr. Shrawan Dogra, Advocate General and Mr. Anup Rattan, Romesh Verma, Additional Advocate Generals and Mr. J.K. Verma, D.A.G., Mr. Sandeep Sharma, ASGI and Mr. Ravinder Thakur, CGSC, Mr. J.S. Bhogal and Mr. Suneet Goel, Advocate

JUDGMENT :

A.M. Khanwilkar, C.J.

We have heard counsel for the parties at length. We propose to dispose of all the three writ petitions together by this common judgment. The first petition (CWP No. 2980 of 2012) has been filed by four petitioners in February, 2012, questioning the proposed Bajoli-Holi Hydroelectric Project at river Ravi in District Chamba. The reliefs claimed in this petition, purportedly filed as Public Interest Litigation, read thus:-

    (A) The environment clearance dated 24.1.2011 issued by Respondent no. 3 (Annexure- P14) in favour of the Respondent no. 7 may be quashed and set aside.

(B) The in-principle approval dated 08-07-2011 (Annexure P-13) issued by Respondent no. 1 and 4 for diversion of 75.303 hectare forest land may be quashed and set aside.

(C) The Respondents no. 1 and 3 may be directed not to issue further clearances without taking into consideration the Pre Feasibility Report prepared by the Respondent no. 6.

(D) The Respondent no. 1 and 3 may be directed to implement the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 while issuing clearances if any to the project proponents in the state

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