BARANG SAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all the petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity of facts, the facts of CWP No. 1293/2009 have been dealt with extensively.

(2.) BRIEF facts necessary for the adjudication of these petitions are that the project called "Karchham Wangtoo Hydro Electric Power Project" is being executed by respondent No. 12. The petitioners are the residents of District Kinnaur. Their primary grievance is that the project is not being executed in accordance with law.

(3.) MR . S.B. Upadhaya, Senior Advocate appearing on behalf of respondent No. 12 has repelled the contentions raised by Mr. Deepak Kaushal. According to Mr. Upadhaya, the necessary clearance was obtained by the respondent -company on 9.11.2005 and the diversion of the forest land was permitted on 17.11.2005. He then contended that the permission to use the land in question being utilized by respondent No. 12 -company has been obtained in accordance with law and there is no violation of the Himachal Pradesh Transfer of Land (Regulation), 1968. He then contended that the stone crusher and hot mix plant have been set up in accordance with law and the muck generated is being dumped on the approved sites. He finally contended that there is no violation of any environment and forest laws and the notifications issued by the State Government from time to time.