IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No. 287 of 2017 Decided on: 06.08.2019 Court on its own motion …Petitioner Versus National Highway Authority of India …Respondents and others Coram The Hon’ble Mr. Justice V. Ramasubramanian, Chief Justice.

The Hon'ble Mr. Justice Anoop Chitkara, Judge.

Whether approved for reporting?1 For the petitioner: Court on its own motion.

For the respondents: Mr. K.D. Shreedhar, Senior Advocate, with Ms. Shreya Chauhan, Advocate, for respondent No. 1.

Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No. 2.

Mr. Ashok Sharma, Advocate General, with M/s. J.K. Verma, Adarsh K. Sharma, Ashwani K. Sharma and Nand Lal Thakur, Additional Advocates General, for respondents No. 3 to 6, 8 and 11.

1 Whether reporters of the local papers may be allowed to see the judgment?

Mr. Divya Raj Singh, Advocate, for None for respondent No. 13.

Mr. J.S. Bhogal, Senior Advocate, with Mr. Tarunjeet Singh Bhogal, Advocate, for M/s. P.K. Construction Shimla Pvt.

Ltd.

V. Ramasubramanian , Chief Justice. (Oral)

This Public Interest Litigation is an off-shoot of a writ petition filed by a private individual in CWP No. 1299 of 2016. Though, CWP No. 1299 of 2016 was a writ petition filed by an individual land-owner complaining of the acquisition of his land by the NHAI, the said Private Interest Litigation itself was converted by this Court into a PIL and later that gave birth to the present Public Interest Litigation.

2. What was concerned in this PIL was the construction of four laning of the stretch between Kaithlighat-Dhalli. Though there were no specific complaints, about the construction of this four laning, this Court by an order dated 06.12.2017 passed in CWP No. 1299 of 2016 directed this issue to be taken up independently as a PIL. To understand the genesis of this case, it may be useful to extract the order dated 06.12.2017 passed in CWP No. 1299 of 2016, which reads as follows:

“Mr. Devashish Patra, Project Manager and Mr. Anil Kumar Singh, Vice President of respondent No.4 are present in Co urt.

The issue of dumping sites was raised by the contractor. We are hopeful of its resolution by the Deputy Commissioner, Solan, finding a mutually agreeable solution, with the contractor approaching him at the earliest. We hope and expect that the issue is resolved at the earliest.

We are informed that insofar as construction of four laning of the stretch between Kaithlighat-

Dhalli is concerned, work is yet to commence. Qua this sector, Ms.Jyotsna Rewal Dua, Ld. Senior Counsel, has handed over an affidavit of Mr.Sanwar Mal Swami, Project Director NHAI, Project Implementation Unit, Shimla. We direct the Registry to register a separate CWPIL qua this sector and place on record the said affidavit as also copy of the order. Let the newly registered petition be listed on 27th December, 2017. Let fresh affidavit stating the latest status with regard to the progress of work on all issues be filed before the next date of hearing.

The work stands allotted to M/s Shiv Valley Highways Pvt. Ltd., Petch Area, Opp. Dak Banglow, Circuit House Road, Nimbahera, Chittorgarh, Rajasthan--312601 and Independent Engineering appointed is M/s Yogama Engineering Co. Ltd. in association with Sterling Indo Tech Consultants Pvt. Ltd. Suit 205, Mohta Building, 4 Bhikaji Cama Place, New Delhi-

110066.

In the newly registered petition, following shall be arrayed as respondents:

(1) National Highway Authority of India (Ministry of Road Transport and Highways, Govt. of India), Project Implementation Unit, Shimla, through its Project Director.

(2) Union of India through Secretary Ministry of Environment, Forest and Climate Change, Govt. of India, Indira Paryavaran Bhawan, Jolbag Road, New Delhi 110003.

(3) The Principal Secretary (PWD) to the Govt. of H.P., Shimla-2.

(4) The Principal Secretary (Revenue) to the Govt.

of H.P., Shimla-2.

(5) The Principal Secretary (Forest) to the Govt. of H.P., Shimla-2.

(6) The Principal Secretary (I&PH)