RATTAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THESE two writ petitions are being disposed of by a common judgment since identical questions of law and fact are involved in the same and the grievance of both the petitioners is against the setting up of the Hul Hydro Electric Power Project.

(2.) BRIEFLY stated the facts of the case are that on 16.11.1996, a memorandum of understanding (MOU) was signed between the Government of Himachal Pradesh and M/s. Astha Project for installation of the Hul Project. Later on 15.2.2001 MOU was signed between the Government of Himachal Pradesh and M/s. First Hydro Generation Power (P) Ltd. On 8.6.2005, implementation agreement was also signed between the parties. Initially, the detailed project report for implementing the Hydro Project in question was prepared taking into account the capacity of the Project at 2.35 MW. Finally, the execution work of the Project was handed over to M/s. Hul Hydro Power Pvt. Ltd. when the capacity of the project was increased to 4.5 MW.

(3.) SH .Ashwani Pathak, learned counsel for the petitioners has raised the following issues objecting to the setting up of the Project: