National Hydroelectric Power vs Shri Machlu Ram
2022 Latest Caselaw 26 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                  ON THE 3rd DAY OF JANUARY, 2022




                                                        .
                            BEFORE





    THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
    THE HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE





              CIVIL WRIT PETITION NO. 7661 OF 2021
    Between





    NATIONAL   HYDROELECTRIC   POWER
    CORPORATION,   NHPC   CHAMERA-III,
    POWER STATION KARIAN, DISTRICT
    CHAMBA, H.P. THROUGH ITS GENERAL
    MANAGER.


                                                   ....PETITIONER

    (BY MR. VIJAY KUMAR ARORA, ADVOCATE)


    AND

    1. SHRI MACHLU RAM S/O SH. DHUTU R/O
    VPO CHOORI, SUB TEHSIL DHARWALA,




    DISTRICT CHAMBA, HP.





    2.   NATIONAL    HUMAN    RIGHTS
    COMMISSION,    MANAV     ADHIKAR
    BHAWAN, BLOCK-C, GPO COMPLEX, INA,





    NEW DELHI 110 023 THROUGH ITS
    REGISTRAR.

    3. DEPUTY COMMISSIONER, CHAMBA,
    DISTRICT   CHAMBA,     HIMACHAL
    PRADESH.

                                               ....RESPONDENTS

    (BY SH. AVINASH JARYAL, ADVOCATE
    FOR RESPONDENT NO.1.)

    (BY SH. ASHOK SHARMA, ADVOCATE
    GENERAL WITH MR. VINOD THAKUR,




                                       ::: Downloaded on - 31/01/2022 23:32:33 :::CIS
                                       2




    ADDITIONAL ADVOCATE GENERAL FOR
    RESPONDENT NO. 3)
    _________________________________________________




                                                                 .
                 This civil writ petition coming on for orders this day,





    Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the following:





                               JUDGMENT

Aggrieved by the order of National Human Rights

Commission, the instant petition has been filed for the grant of

following substantive relief: -

"(i) That impugned order, dated 27.10.2021

(Annexure P-5) may very kindly be quashed and set aside."

2. On the face of it, the order passed by National Human

Rights Commission against the petitioner to take all necessary steps

to provide job to each dislocated family, to say the least, is without

jurisdiction and authority whatsoever.

3. Confronted with this, learned counsel for respondent

No.1 fairly concedes that the directions passed by National Human

Rights Commission are not at all sustainable, therefore, he does not

intend to contest the instant petition and the application, so filed by

him before the National Human Rights Commission itself, be treated

as not pressed.

4. In this view of the matter, the instant petition is allowed.

The order passed by National Human Rights Commission is quashed

.

and set aside. Pending miscellaneous applications, if any, also stand

disposed of.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

3rd January, 2022.

(Guleria)