IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 26^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN & f HON’BLE MR. JUSTICE SATYEN VAIDYA CIVIL WRIT PETITION NO.1686 OF 2021 Between:

1. BAHRA EDUCATION AND CHARITABLE SOCIETY THROUGH SH. GURVINDER SINGH BAHRA, CHAIRMAN OF THE SOCIETY AND CHANCELLOR OF BAHRA UNIVERSITY,R/O VILLAGE WAKANA, TEHSIL KANDAGHAT, DISTRICT SOLAN, H.P.

2. SOHAN DASS SON OF SH. CHARAN DASS.

3. NARAYAN DASS SON OF SH. CHARAN DASS

4. GOPAL DASS SON OF SH. CHARAN DASS

5. HIRA DASS SON OF SH. CHARAN DASS

6. RADHA KRISHAN SON OF SH. RAM DASS

7. KANAT SON OF SH. DEVINDER KUMAR

8. AASHISH SON OF SH. DEVINDER KUMAR

9. MINA WIDOW OF LATE SH.

DEVENDER KUMAR

10. ASHOK KUMAR SON OF SH. MOHAN DASS

11. CHANDAN SAWROOP, SON OF SH.

MOHAN DASS ALL RESIDENTOF VILLAGE WAKANA, TEHSIL KANDAGHAT, DISTRICT SOLAN, H.P. THROUGH THEIR SPECIAL POWER OF ATTORNEY, SH. BHAGWAN DASS/PETITIONER NO. 12.

12. BHAGWAN DASS SON OF SH. CHARAN DASS, RESIDENT OF VILLAGE WAKANA, TEHSIL KANDAGHAT, DISTRICT SOLAN, HIMACHAL PRADESH.

…PETITIONERS (BY MR. H.R. JHINGTA, ADVOCATE)

AND

1. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED THROUGH ITS CHAIRPERSON, VIDYUT BHAWAN, HPSEBL,SHIMLA-171004, H.P.

2. NATIONAL HIGHWAYS AUTHRORITY OF INDIA THROUGH ITS CHAIRPERSON (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVT.

OF INDIA ) G5 & 6 SECTOR-10, DWARKA, NEW DELHI

3. DIRECTOR GENERAL OF FORESTS &

SPECIAL SECRETARY, MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD NEW DELHI

4. PRINCIPAL CHIEF CONSERVATOR OF FORESTS, HIMACHAL PRADESH (HOFF), TALLAND, SHIMLA-171001, H.P.

5. DEPUTY COMMISSIONER, DISTRICT SOLAN, HIMACHAL PRADESH.

…RESPONDENTS (BY 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)

Reserved on : 23.11.2021 This petition coming on for orders this dayH, the Court passed the following:

O R D E R

The instant petition has been filed for the grant of following substantive relief(s): t (I) Pass an appropriate writ, order or direction to respondents to implement Survey-2/Annexure; P-7 or the responodents 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 hHPSEBL dated 14.8.2020/Annexure P-3 and survey-

1/Annexure; P-6 be quashed and declared as null void by way of passing an appropriate writ or order or i direction against the respondents and in favour of the petitioners.

(iii) The orders passed by the learned Deputy Commissioner dated 14.12.2020 Annexure P-9 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, NH-5.

3. Petitioner No. 1 is running a university whereas the remaining petitioners are the residents of village Wakana. The work of National Highway-5 from solan to Kaithlighat is being undertaken by respondent No. r2 and the lands of the petitioners are adjoining this highway. The transmission towers of the HPSEBL are abutting NH-5 and the same, in terms of order passed in CWPIL No. 212C of 2017 were required to be shifted, for which purpose the HPSEBL deposited a sum of Rs. 7.01 crore excluding the land acquisition cost. These transmission lines are being shifted from Parwanoo to Shimla a