Bonafide Himachalis Hydro Power Developers Association Vs Union of India and Others — Himachal Pradesh HC (2026) — LawSathi Research

Bonafide Himachalis Hydro Power Developers Association Vs Union of India and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the order dated 16.04.2018 in CWP No.4450 of 2015 — which directed reconsideration of Notification dated 05.05.2014 prescribing uniform Right of Way (RoW) width for transmission lines on forest land — has been complied with, such that nothing remains to adjudicate in the execution petition.

Court's answer

The decision on the issue has already been taken (the Ministry of Environment and Forests having declined RoW relaxation and the Guidelines dated 05.05.2014 having been revised vide Comprehensive Guidelines dated 08.03.2019), and therefore nothing survives for adjudication in execution.

Key takeaways

If the petitioner remains aggrieved despite the disposal, it remains open to it to challenge the matter afresh in accordance with law, if permissible.obiter¶24

Detailed headnote1 paragraphs

Himachal Pradesh High Court (Shimla), Ex. Pet. No.1963 of 2025, decided 10.07.2026 (G.S. Sandhawalia, Chief Justice, author; Bipin Chander Negi, Judge): Execution petition by Bonafide Himachali’s Hydro Power Developers Association against Union of India and Ors., seeking enforcement of the order dated 16.04.2018 passed in CWP No.4450 of 2015, which had directed reconsideration of Notification dated 05.05.2014 prescribing uniform Right of Way (RoW) width for laying transmission lines on forest land. Counsel for the petitioner conceded he could not press the petition as that order stood complied with: respondent No.1's reply recorded that at the meeting held on 03.04.2019 the Ministry of Environment and Forests did not agree to any relaxation in RoW for transmission lines, that the Guidelines dated 05.05.2014 had been revised vide Comprehensive Guidelines dated 08.03.2019 with the State Government required to act accordingly, and that Letter dated 31.05.2019 (Annexure R-1) with the Minutes of Meeting was placed on record. The bench concluded that the decision had already been taken on the issue and nothing survived for adjudication in execution; the petition, along with pending miscellaneous application(s), was disposed of, with liberty expressly reserved to the petitioner to mount a fresh challenge in accordance with law, if permissible. No statutory sections were cited and no monetary quantum was involved.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Ex. Pet. No.1963 of 2025 Decided on : 10.07.2026

Bonafide Himachali’s Hydro Power Developers Association.

...Petitioner

Versus

Union of India and Ors.

…Respondents.

Coram

Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?¹

For the petitioner : Mr. Sarthak Mehta, Advocate. For the respondent(s) : Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.1Union of India.

Mr. Arsh Rattan, Deputy Advocate General, for respondents No.2 and 3/State.

Mr. Shubham Sood, Advocate, for respondent No.4.

G.S. Sandhawalia, Chief Justice (Oral)

Learned counsel for the petitioner submits that he is

not in a position to press the present execution petition, since the order passed on 16.04.2018 in CWP No.4450 of 2015, titled

Bonafide Himachali’s Hydro Power Developers Association

Vs. Union of India and Ors. , was for reconsideration of

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

-2-

Notification dated 05.05.2014, regarding prescribing uniform width of Right of Way (RoW) for laying the transmission lines on the forest land, has been complied with.

As per the reply filed by respondent No.1, in the meeting held on 03.04.2019, the Ministry of Environment and Forests, did not agree to any relaxation in RoW for transmission lines. The Guidelines dated 05.05.2014, had been revised, vide Comprehensive Guidelines dated 08.03.2019 and the State Government had to take action accordingly. Letter dated 31.05.2019 has been appended as Annexure R-1 along with the Minutes of Meeting held on 03.04.2019.

In such circumstances, we are of the considered opinion that the decision has already been taken on the issue in the case at hand and nothing survives for adjudication in execution.

Therefore, the present petition is disposed of, so also the pending miscellaneous application(s), if any. If the petitioner is still aggrieved, it is always open to it, to challenge the same in accordance with law, if permissible.

(G.S. Sandhawalia) Chief Justice

(Bipin Chander Negi) Judge

10^th July, 2026 (Gaurav Rawat)