High CourtsDivision Bench(2021) 04 SHI CK 0072

M/S Snowfoam Energy Private Ltd vs State Of H.P And Others

High Court Of Himachal Pradesh · Decided on 9 April 2021

HON’BLE JUDGES
Sureshwar Thakur, J · Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2313 Of 2021

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Judgment

8 paragraphs · 344 words

Sandeep Sharma, J

1.

By way of the present petition, the petitioner prays for the following main relief(s):-

"(i) That writ in the nature of mandamus may kindly be issued, directing the Respondent State of Himachal Pradesh to remove objections raised by Regional Office Dehradoon vide Letter No.8B/HP/01/52/2020/FC/539 dated 03/07/2020, Annexure P-2, immediately within a time bound manner, so that the Hydro Power Project Hamsu is made operational.

(ii) That writ of mandamus may kindly be issued directing Deputy Commissioner Kullu to issue necessary directions t revenue authorities to prepare Revenue Documents/field book by using Decimeter scale which denotes width at 60 cm in all khasra Nos for diversion of Forest Land in favour of petitioner for the construction of power project Hamsu-1 SHEP 2.00 MW in District Kullu for lying underground cable T/L.

(iii) That writ in the nature of mandamus may kindly be issued directed the respondent State to adequately compensate the petitioner for the loss which has been suffered due to the sheer lapses on the part of respondent State, wherein objections raised by Regional Office Dehradoon vide letter No. 8B/HP/01/52/2020/FC/539 dated 03/07/2020 are not being removed till date, despite repeated requests made by the petitioner company.

(iv) That a writ in the nature of Mandamus may kindly be issued restraining respondent No. 5 to not to act upon the letter dated 09.09.2020 Annexure P-6 and further extend time for implementation/making power project (SnowFoam Power Energy) operational after getting the necessary requisite permission from the concerned departments in the interest of justice."

2.

Petitioner has made an innocuous prayer to issue a direction to the respondent/authority concerned to remove objections raised by the Regional Office vide letter No. 8B/HP/01/52/2020/FC/539 dated 3.7.2020 expeditiously. No reply is intended to be filed by the respondents.

Consequently, the present petition is disposed of with a direction to the authorities concerned to remove objections raised by the Regional Office, Dehradun expeditiously preferably within two weeks, enabling it to grant necessary permission so that hydro electrical Project is made operational. All pending applications stand disposed of accordingly.