Sandeep Chandel vs State Of H. P. & & Ors

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of the following reliefs:-

i) Direct respondents No. 2 and 3 to ensure removal of vehicles parked on the road side on the new NH No. 5 from Tenzin Hospital to Panthaghat to Mehli.

ii) Direct respondents No. 1 and 4 to ensure and provide hindrance free site to the petitioner/contractor on New NH No. 5 from Tenzin Hospital to Panthaghat to Mehli for completion of the work.

Mr. Rajinder Dogra, learned Senior Additional Advocate General, has placed on record instructions received from the office of the Superintendent of Police, Shimla, relevant portion whereof read as under:-

In this regard, it is submitted that all possible Police assistance is being rendered to the petitioner to execute his construction work of Steel Footpath on Shimla By pass road on NH-22 (New NH 05) at Km 11/965 to 12/500 (SH: C/o Steel Footpath and providing and fixing Interlocking Paver block on berms etc.,under Smart City Project. It is further submitted that all SHO(s) in Shimla Town and Incharge Traffic Wing, Shimla have been directed to work collectively to ensure hindrance free site for executing the aforesaid construction work awarded to petitioner, under Smart City Project, in their respective jurisdictions, enabling the petitioner to undertake the execution of work.

It is further submitted that vide this office letter No.R/Law/22- 137211 dated 06.12.2022, petitioner Sh. Pardeep Chandel has been informed and requested to make advance liaisoning with Sh. Ajay Bhardwaj (H.P.S), Dy. S.P.(Traffic), Shimla, District Shimla (Mob. No. 88947-28007) and SHO concerned, well before 24 hours, so that necessary arrangements could be done well in advance. It is further submitted that petitioner has been also requested to nominate any person to liaise with the SHOS concerned, in advance preferably 24 hour5s before, so that necessary arrangements could be made well in advance. The copy of letter o. R/Law/22-137211 dated 06.12.2022 is enclosed herewith for kind perusal, please.

Alongwith the instructions, a letter sent by the Deputy Superintendent of Police, Shimla to the petitioner has also been annexed, the relevant portion whereof reads as under:-

This is with reference to aforesaid subject matter, it is intimated that the aforesaid petition is pending adjudication in the Hon'ble High Court of H.P., seeking relief to provide the hindrance free site for executing the construction work of Steel Footpath on Shimla By pass road on NH-22 (New NH

5) at Km 11/965 to 12/500 (SH: C/o Steel Footpath and providing and fixing Interlocking Paver block on berms etc., under Smart City Project. In view of the above, you are requested to go through the following instructions, so that hindrance free site for executing the construction work. The instructions are as follows:-

Shimla Police is committed to provide necessary assistance as and when required.

Advance liaising be communicated with undersigned on Mob. No. 88947-28007 and SHO concerned, well before 24 hours, so that necessary arrangements could be done well in advance.

To nominate any person to liaise with the SHOS concerned, in advance preferably 24 hours before.

In view of the aforesaid instructions, we deem it appropriate to dispose of this petition by directing the Superintendent of Police, Shimla, to ensure that the instructions, as have been imparted to the Court are complied with in its letter and spirit.

In addition to the aforesaid, it shall always be open to the petitioner to bring to the notice of respondents case(s) of obstruction or unauthorized parking and the same shall be attended to by the respondents promptly without any undue delay and consequential action be taken within one hour on receipt of such complaint. In case any person found violating the orders of the Court shall be liable to be punished under the Contempt of Courts.

The petition stands disposed of in the aforesaid terms, so also pending applications, if any.