Jeevanyoga Foundation Vs Union of India and Others — Himachal Pradesh HC (2025) — LawSathi Research

Jeevanyoga Foundation Vs Union of India and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order/Award dated 24.01.2023 (Annexure P-12) set aside; Authority concerned directed to decide the case afresh after hearing the parties (first appearance 15.07.2025; endeavour to decide by 31.08.2025); pending miscellaneous applications, if any, also disposed of. Prayer for compensation under the Works of Defence Act, 1903 and parity with the Whispering Pines award not adjudicated.

Issue for consideration

Whether the impugned Award dated 24.01.2023 (Annexure P-12) was passed without the petitioner or its counsel being present (offline or online) or heard, despite their presence having been recorded in the order. +1 more

Court's answer

In view of the affidavits on record and the apology tendered, the Court held it would be in the interest of justice to put a quietus to the litigation by setting aside order dated 24.01.2023 (Annexure P-12) and directing the Authority concerned to decide the case afresh by hearing the parties.

Ratio / Principle

The parties shall appear through counsel before the Officer concerned firstly on 15.07.2025, a further date to be fixed by the present Collector-cum-Sub-Divisional Magistrate, Dalhousie, District Chamba, H.P., and an endeavour shall be made to finally decide the matter on or before 31.08.2025.

Detailed headnote1 paragraphs

Writ Petition (CWP No.1417 of 2024), decided 02.07.2025 by the High Court of Himachal Pradesh (Ajay Mohan Goel, J.) — Jeevanyoga Foundation v. Union of India & others. The petitioner challenged an Award dated 24.01.2023 (Annexure P-12) of the Collector-cum-Sub-Divisional Magistrate, Dalhousie, contending that although the presence of its counsel was recorded in the order, neither counsel nor the party was present offline or online on that date and no one was heard. Affidavits were called; Ms. Upasna Sharma (Squadron Leader) affirmed her absence on the relevant date, and Shri Jagan Thakur, the then Collector-cum-SDM (now Additional Director, Urban Development), stated it was a possibility that presence had been marked on the basis of previous appearances, tendering an unconditional and unqualified apology. Holding that a quietus should be put to the litigation, the Court set aside the order dated 24.01.2023 and directed the Authority to decide the matter afresh after hearing the parties, fixing first appearance for 15.07.2025 and an endeavour to conclude on or before 31.08.2025. Prayers for compensation under the Works of Defence Act, 1903 and for a similar award as in Whispering Pines Resorts Ltd. v. UOI (23.10.2017) were not adjudicated; the petition stood disposed of.

2025:HHC:20920

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.1417 of 2024

Decided on: 02.07.2025

Jeevanyoga Foundation … Petitioner

Versus

Union of India & others … Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

____________________________________________________ _ For the petitioner : Mr. Ashok Sharma, Senior Advocate, with Mr. Jyotirmay Bhatt, Advocate. For the respondents : Mr. Shashi Shirshoo, Central Government Counsel, for respondents No.1 and 4.

Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.2 and 3-State.

Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has , inter alia , prayed for the following reliefs:-

“( i) That the Award dated 24.01.2023 at Annexure P-12 may be quashed and set aside.

(ii) That Respondents may be directed to pay compensation as per the provisions of Works of Defence Act, 1903.

(iii) In the light of above submissions, it is humbly prayed that a similar Award as of in the case of titled as “Whispering Pines Resorts Ltd. Versus UOI and Ors.” dated 23.10.2017 may be passed in favour of the

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

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petitioner.

iv) Cost of this petition may be awarded in favour of the petitioner ”

During the course of hearing of this petition, one of the grounds urged on behalf of the petitioner while assailing the impugned order was that though the presence of learned counsel for the petitioner was recorded in the order, but learned counsel was neither aware of the listing of the case, nor he appeared before the appropriate Authority Offline or Online, nor was he heard before the order passed.

Record of the Court demonstrates that Ms. Upasna Sharma, Squadron Leader, also filed an affidavit stating therein that on 24.01.2023, she was not present in the Court of learned Collector-cum-Sub-Divisional Magistrate, Dalhousie, District Chamba, H.P. and as already observed hereinabove, same was the stand of Mr. Jyotirmay Bhatt, learned counsel also, appearing for the petitioner, who reiterated that he was not present in either mode, nor he was heard before learned Authority concerned.

In the backdrop of this issue, this Court had directed the concerned to file their respective affidavits to ascertain as to what actually transpired on the date concerned when the impugned order was passed.

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Learned Additional Advocate General today referred to the affidavit filed by Shri Jagan Thakur, presently working as Additional Director, Urban Development, to the Government of Himachal Pradesh, who at the relevant time was serving as Collector-cum-Sub-Divisional Magistrate, Dalhousie, District Chamba, H.P. and has submitted that a perusal thereof would demonstrate that the said Officer has candidly stated that it is a possibility that the presence of learned counsel/ parties in the order was marked in the light of the previous appearance of learned counsel and parties and the Officer has further tendered his unconditional and unqualified apology for the inconvenience so caused.

In the light of this development, this Court is of the considered view that it would be in the interest of justice in case quietus is put to this litigation by setting aside order dated 24.01.2023 (Annexure P-12), with a further direction to the Authority concerned to decide the case afresh by hearing the parties. Ordered accordingly.

The parties shall appear through Counsel before the Officer concerned firstly on 15.07.2025 and thereafter, a date will be fixed by present Collector-cum-Sub-Divisional Magistrate, Dalhousie,

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District Chamba, H.P. for the hearing of the parties and an endeavour be made to finally decide the matter on or before 31.08.2025.

With these observations, the petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of

accordingly.

(Ajay Mohan Goel) Judge

July 02, 2025 (Rishi)