NAND LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PER Justice Rajiv Sharma Since common questions of law and facts are involved in both the petitions, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) IN order to maintain the clarity, the facts of CWP No. 1601/2007 have been taken into consideration. Case of the petitioner, in a nutshell, is that respondent No.6 has been allotted Micro Hydel Power Generation Project on "Haripur Nullah". The petitioner has assailed the setting up of project by respondent No.6 on the following grounds:

(3.) RESPONDENT No.2 has reiterated the stand taken by the respondent-State. According to respondent No.3 `no objection certificate' has been issued in favour of respondent No.6 on 20.6.2008. According to respondent No.4, necessary permission has been accorded for the diversion of forest land by the Ministry of Environment and Forestry on 2.11.2007. According to respondent No.4, it is a D.P.F. and not P.F. RESPONDENT No.5 had initially taken objection that hatchery at Batahar will be adversely affected, however, subsequently respondent No.5 has granted permission on 25.9.2009 to respondent No.6.