The petitioner challenged the disposal of salvaged iron materials under the guise of beautification, fearing they would be sold as scrap. The court found the apprehension unfounded based on the respondent's affidavit and accepted their undertaking to reuse the material.
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 51 of 2017
Date of Decision: May 1, 2017
Shri Sanjay Bhardwaj …Petitioner.
Versus State of H.P. & others ...Respondents. Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice.
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 No.
For the Petitioner: Mr. Jiya Lal Bhardwaj, Advocate, for the petitioner. For the Respondent: Mr. Shrawan Dogra, Advocate General, with M/s Romesh Verma, & Anup Rattan, Additional Advocate Generals, for respondents No.1 to 3-State. Mr. Hamender Singh Chandel, Advocate, for respondent No.4.
Sanjay Karol, Acting Chief Justice (oral).
This petition came to be filed on the petitioner’s apprehension, that under the garb of beautification of Shimla Town, old railings, poles and other iron material, so salvaged, is likely to be disposed of as scrap. From the response dated 30.03.2017, so filed by respondent No.4, we find apprehension of the petitioner to be unfounded. Relevant paragraph whereof is reproduced as under:-
1 Whether reporters of the local papers may be allowed to see the judgment?
2
“3. That in reply to this para, it is again submitted her that the Project qua Beautification of Mall Road and Ridge is being undertaken by the H.P. Tourism Department and the railings being replaced are also taken into possession by the Executive Engineer of Rods and Buildings Department of the Corporation and proper inventories are being made in the stock register and the same are being provided/utilized in different Municipal ward. The replying respondent assures this Hon’ble Court that it shall make the best use of the old railing being replaced from the Mall Road and Ridge and the same will not be sold in scrap as alleged by the petitioner in this para except the railing which are totally damaged and are not suitable for reuse.”
an undertaking, on record, we dispose of the present petition, reserving liberty to the petitioner to approach the Court, if need so arises subsequently. Pending application(s), if any, also stand disposed of.
(Sanjay Karol), Acting Chief Justice.
(Tarlok Singh Chauhan), Judge.
May 1, 2017 (Purohit)
2 issues framed by the court
Whether the petitioner's apprehension that salvaged old railings would be sold as scrap was well-founded.
Whether the bequest of old material into scrap was authorized by the relevant authority.
Sanjay Bhardwaj
State of H.P.
Sanjay Karol
Tarlok Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
