S/ORDERS PASSED BY THE HIGH COURTS IN WRIT PETITIONS FILED AS PIL

Disposition:

Petition Dismissed

Citing Reference:

Discussed

1

Case Note:
Contempt of Court - Violation of directions contained in judgment - Contempt Petition - Under Sections 2(3) and 15 - Contempt of Court Act, 1971 - Read with Article 129 of Constitution of India - Alleged violation of directions - Contained in judgment and order passed by this Court - Court passed certain directions - Alleged - State government issued forest clearance - Contempt of judgment of this Court - Whether the alleged contemnors Nos. 1 and 2 could be said to have committed any violation of the directions contained in judgment and order passed by this Court

Facts:

This contempt petition Under Sections 2(3) and 15 of the Contempt of Court Act, 1971 read with Article 129 of the Constitution of India alleges violation of directions contained in judgment and order passed by this Court in Alaknanda Hydro Power Co. Limited v. Anuj Joshi and Ors. Four persons were arrayed as alleged contemnors in this petition. However, during the course of arguments, the Petitioners gave up their case against alleged contemnor Nos. 3 and 4. This Court was also satisfied that no case was made out against them and as such the proceedings against them were dropped. The Court, therefore, confined itself in respect of alleged act of contempt on part of alleged contemnor Nos. 1 and 2.

In its judgment and order dated 13.08.2013 this Court had passed certain directions. It is alleged that Petitioner came to know that forest land for Vishnugad-Pipalkoti Project has been transferred to Tehri Hydro Development Corporation (THDC). The current status of the project as displayed on website of THDC states that "G.O. by GoUK for transfer of 80.507 ha of forest land has been issued vide letter dated 6th December, 2013." According to news report dated 23.12.2013 work contract for the construction of Vishnugad-Pipalkoti projects has been awarded recently. These activities can be undertaken only after Government of Uttarakhand issues Forest Clearance. The Petitioner has sent Right to Information request for copies of Forest Clearance regarding Vishnugad-Pipalkoti and Kotlibhel 1A to Respondents Nos. 1, 2 and 3 on 26.2.2013 which remain unreplied on the date of filing this petition. Though Stage 1 and Stage 2 Forest clearances were issued to the Vishnugad-Pipalkoti project before 13.08.2013, however, State Government appears to have issued Forest Clearance after 13.08.2013 which is in contempt of the judgment of this Hon'ble Court. Held, while dismissing the petition

1.The Court perused the record and heard Shri Bharat Jhunjhuwala, Applicant No. 2 in support of the petition and Mr. Amarendran Saran and Mr. Mohan Parasaran, learned Counsel for the Respondents. The letter dated 06.12.2013 from Additional Secretary, Uttarakhand has simply communicated the conditions stipulated in the approval dated 28.05.2013. The approval was well before the judgment and order dated 13.08.2013. Plainly, the letter dated 06.12.2013 has not taken any decision after 13.08.2013 but has merely communicated the decision taken well before 13.08.2013. There is thus no violation of any of the directions contained in para 51 of the judgment and order dated 13.08.2013. Further, the alleged contemnor No. 1 has simply received the communication dated 06.12.2013, while copy of that communication was marked to General Manager, Tehri Hydro Development Corporation Ltd. In Court's view, the alleged contemnors Nos. 1 and 2 could not be said to have committed any violation of the directions contained in judgment and order dated 13.08.2013.[6]

2.The Court, therefore, dismissed the contempt petition.[7]

