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High CourtsDivision Bench(2011) 12 SHI CK 0007

Devi Chand and Nanak Chand vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 9 December 2011

HON’BLE JUDGES
Rajiv Sharma, J · Deepak Gupta, J
CASE NUMBER
CWP No. 97 of 2009-A

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Judgment

4 paragraphs · 343 words

Deepak Gupta, J.—The petitioners, by means of this petition, have challenged the grant of permission/sanction for setting up Hydro Electric Project on the Sarvari Nallah, District Kullu. During the pendency of this petition, the project has been commissioned and has become operational and nothing survives as far as the main relief is concerned.

2.

During the pendency of this case, we were apprised of the fact that the local Area Development Fund, which is approximately 1 to 1.5% of the cost of the Hydro Electric Power Project, is not being utilized in a proper manner. On 13.7.2011, we had passed a detailed order and directed the Deputy Commissioner, Kullu to file his affidavit as to how the funds have been distributed and utilized. Thereafter, when we perused the record produced before this Court, we found that though some of the funds have been utilized but some of the funds have not been properly utilized. We were also not happy in the manner in which the funds were being distributed. There were no proper guidelines with regard to utilization of the funds at that stage.

3.

Thereafter on 5th October, 2011, the Governor of Himachal Pradesh has been pleased to notify the revised guidelines for management of Local Area Development Fund. We have perused the guidelines and we feel that they are in accordance with the spirit of the fund i.e. to help in the development of the areas which have been affected by the setting up of the plant `in question. We hope and expect and in fact direct that in future all LAD funds shall be spent strictly in accordance with these guidelines and any violation thereof shall be strictly dealt with.

4.

As far as the personal grievances of the petitioners and their Panchayat are concerned, they are at liberty to make a representation to the Deputy Commissioner within two months from today who shall dispose of the same strictly in accordance with the revised guidelines within one month thereafter. The petition is disposed of in the aforesaid terms. No costs.