Writ petition petitioning for extension of letter of intent, environmental clearance, and mining lease. Court disposed of petition as infructuous due to retrospective extension of validity period.
Court disposed of petition as infructuous due to retrospective extension of validity period.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 4th DAY OF AUGUST, 2022
BEFORE
HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN &
HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION NO.4210 OF 2022
Between:-
SMT. KALPANA DEVI W/O SH. VIJAY KUMAR, AGED 51 YEAR, R/O VILLAGE AND POST OFFICE TIARA, TEHSIL KANGRA, DISTRICT KANGRA, H.P.
…PETITIONER
(BY MR. RISHI TANDON, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (INDUSTRIES) TO THE GOVT. OF H.P.
2. DIRECTOR, DIRECTORATE OF INDUSTRIES, MAJITHA HOUSE, CHOTTA SHIMLA, H.P.
3. STATE GEOLOGIST, DIRECTORATE OF INDUSTRIES, MAJITHA HOUSE, CHOTTA SHIMLA, H.P.
4. MEMBER SECRETARY (SEIAA)-CUM-DIRECTOR, (ENV. S & T) STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, PARYAVARAN BHAWAN, NEAR U.S. CLUB, SHIMLA, H.P.
…RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR. RAJINDER DOGRA, SR. ADDITIONAL ADVOCATE GENERAL, MR. VINOD THAKUR, MR. SHIV PAL MANHANS, ADDITIONAL ADVOCATES GENERAL AND MR. YUDHBIR SINGH THAKUR, DEPUTY ADVOCATE GENERAL) 1 WHETHER APPROVED FOR REPORTING?
This petition coming on for orders this day, Hon’ble Mr. Justice Tarlok Singh Chauhan, passed the following :
O R D E R
The instant petition has been filed for the grant of following substantive reliefs:
1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.
2
i) That the instant writ petition may kindly be allowed with cost and respondent No.1 & 2 may be directed to extend the validity of letter of intent in favour of the petitioner in a bound manner.
ii) That the respondent No.4 may be directed to grant the environmental clearance certificate to the petitioner in time bound manner by taking a liberal view in view of the facts mentioned hereinabove.
iii) That the respondents may be directed to grant the mining lease to the petitioner in a time bound manner subject to fulfillment of condition as per law.
iv) That the respondents may be directed to consider the pending representation of the petitioner in a time bound manner.
( Tarlok Singh Chauhan) Judge
( Chander Bhusan Barowalia ) Judge
4th August, 2022 (CS)
Smt. Kalpana Devi W/o Sh. Vijay Kumar
State of Himachal Pradesh Through Secretary (Industries)
Director, Directorate of Industries
State Geologist, Directorate of Industries
Member Secretary (SEIAA)-cum-Director, Env. S & T
Tarlok Singh Chauhan
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
