Bahra Education And Charitable Society Through Sh. Gurvinder Singh Bahra, Chairman Of The Society And Chancellor Of Bahra University vs Himachal Pradesh State Electricity Board Limited Through Its Chairperson, Vidyut Bhawan, HPSEBL, Shimla-171004, H. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(HP) 962

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Bahra Education And Charitable Society Through Sh. Gurvinder Singh Bahra, Chairman Of The Society And Chancellor Of Bahra University – Appellant
Versus
Himachal Pradesh State Electricity Board Limited Through Its Chairperson, Vidyut Bhawan, HPSEBL, Shimla-171004, H. P. – Respondent

Advocates Appeared:
For the Petitioners:Mr. H.R. Jhingta, Advocate.
For the Respondents:Mr. Tara Singh Chauhan, Advocate For Respondent No. 1, Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan, Advocate, for Respondent No. 2, Mr. Vir Bahadur Verma, Central Government Counsel for Respondent No. 3, Mr. Ashok Sharma, Advocate General With Mr. Rajinder Dogra, Senior Additional Advocate General, Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. Bhupinder Thaklur, Deputy Advocate General.

ORDER :

1. The instant petition has been filed for the grant of following substantive relief(s):

“(I) Pass an appropriate writ, order or direction to respondents to implement Survey2/Annexure; P7 or the respondents may be directed to conduct another survey in such a manner so the rights of the petitioners are affected.

(ii) The public notice issued by the respondent HPSEBL dated 14.8.2020/Annexure P3 and survey1/Annexure; P6 be quashed and declared as null void by way of passing an appropriate writ or order or direction against the respondents and in favour of the petitioners.

(iii) The orders passed by the learned Deputy Commissioner dated 14.12.2020 Annexure P9 be also set aside, quashed and declared as null and void;

(iv) That in the alternative the petitioners prays that the respondents be directed to conduct Survey-3 alternative in the presence of the affected parties.”

2. At the very outset, it needs to be observed that the instant petition is an outcome of the directions passed by this Court in CWPIL No. 212 of 2017, whereby the authorities were directed to shift the High Tension Transmission line along/besides Parwanoo to Dhalli, NH5.

3. Petitioner No. 1 is running a university

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2021 Supreme(HP) 962

Cases Referred (1)