Point of Law: It is settled law that disputes relating to contracts cannot be agitated under Article 226 of Constitution of India.

JUDGMENT :

Tarlok Singh Chauhan, J.

Since common questions of law and facts are involved in both these petitions, therefore, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, the facts of CWP No. 1105 of 2022 are being referred to.

2. The petitioners in CWP No. 1105 of 2022 are the permanent residents of Gwali Dogri (Parsa) P.O. Lower Koti, Tehsil Rohru, District Shimla, H.P. and are aggrieved by the non-implementation of the order of the Deputy Commissioner, have filed the instant petition for grant of the following substantive reliefs:-

(I) That writ in the nature of mandamus may kindly be issued directing the respondents to implement the order dated 13.01.2020 (Annexure P-22) in its letter and spirit by directing the respondents No. 1 and 2 to immediately release the calculated compensation amount and further ordered to be recovered by them from respondent No. 3 and 4 with interest throughout.

(ii) That the writ in the nature of mandamus may kindly be issued directing the respondents to re-assess and recalculate the compensation/damage amount at least to the tune of Rs. 1 crore as the house, land and orchard including water sources of 17 families have been damaged as is clear from the order passed by respondent No. 2 on 13.01.2020.

(iii) That the respondents No. 3 and 4 may kindly be directed to provide the employment to the members of the petitioners/project affected families as and when work in future is started as the same has been accepted by the representatives of the project authority in the meetings as ordered by the Deputy Commissioner in its order dated 10.01.2020.

3. On 06.06.2002, respondent No. 1- the Government of Himachal Pradesh executed an agreement (MoU) with M/s Jayalakshmi Power Corporation Ltd. to carry out a detailed investigations and submit Detailed Project Report for implementation of Paurital-Lassa Hydro Electric Project 36 MW installed capacity located in Tehsil Rohru, District Shimla.

4. Subsequently, on 26.10.2006, respondent No. 1- Government of Himachal Pradesh had arrived at and executed Implementation Agreement with M/s Jayalakshmi Power Corporation Ltd., wherein a specific term regarding Rehabilitation and Resettlement Plan was set up.

5. On 09.04.2009, a tripartite agreement was executed between respondent No. 1 - Government of Himachal Pradesh, M/s Jayalakshmi Power Corporation Ltd. and M/s Greenko Hatkoti Energy Pvt. Ltd., whereby all the rights or obligations of M/s Jayalakshmi Power Corporation were transferred to Greenko Hatkoti Energy Pvt. Ltd.

6. According to the petitioners, it was on account of the unscientific methods used by the respondents for construction of tunnel for the execution of the project that the houses and other properties of the petitioners came to be damaged. The petitioners continued to represent the authorities but to no avail.

7. Ultimately, the petitioners submitted a representation to the Deputy Commissioner, Shimla, who in turn, gave directions to the Project Authorities (respondents No. 3 and 4) to pay a compensation of Rs. 11 lacs to the petitioners and also construct a water storage tank at the cost of Rs. 8 lacs within a period of six months from 13.01.2020.

8. Respondent No. 2 has contested the petition by filing reply, wherein, it has been submitted that a Committee headed by Sub Divisional Officer (C), Rohru, had visited the site and assessed the damage caused to the houses of 17 inhabitants and submitted a detailed report to the replying respondents and after perusing the same, the Deputy Commissioner has passed order on 13.01.2020.

9. As regards respondent No. 3, it would contend that since the petition raises highly disputed questions of law and fact, the same is not maintainable.

We have heard learned counsel for the parties and have gone through the record of the case.

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