[NHA Act] Section 3G(5) Petition Not Decided Within Prescribed Period Doesn't Preclude Landowner To Seek Enhanced Compensation: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Jyotsna Rewal Dua held that landowner cannot be left high and dry for no fault of his. It held that the mere fact that his petition under Section 3G(5) of the National Highways Act was not decided by the Statutory Authority within the prescribed/extended period should not foreclose his right to seek enhancement in compensation. The...

'Much More Needs To Be Done': Himachal Pradesh High Court Asks Govt To Control Forest Fires, Minimise Damage To Ecology And Property

The Himachal Pradesh High Court has directed the state government to intensify efforts to prevent and control forest fires, emphasising the need to minimise damage to forest ecology and property.The court directed,“Respondents are expected to take all possible measures to ensure that forest fire are prevented and if not prevented at least controlled and damage to the forest ecology or...

Indian Registered Companies Exempt From Benefit Sharing Under Biodiversity Act: HP High Court Stays ₹5 Crore Demand Notices On Ayurvedic Company

The Himachal Pradesh High Court has ruled that an Indian registered company does not require prior approval from the National Biodiversity Authority (NBA) to access biological resources for commercial use.A bench comprising Chief Justice M.S Ramachandra Rao and Justice Satyen Vaidya also stayed a demand notice of Rs. 5 crore issued by the Himachal Pradesh State Biodiversity Board (HPSBB) to...

Himachal Pradesh High Court Seeks Fresh Status Report On Regional Development Plans In Shimla, Kullu And Kangra

The Himachal Pradesh High Court has directed the state government to file a fresh status report on the preparation of regional development plans for Shimla, Kullu, and Kangra districts. This order comes in a Public Interest Litigation (PIL) filed by Kusum Bali highlighting rampant irregular constructions across the state.The PIL had raised concerns about unplanned constructions,...

Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court 

The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Therefore, it held that a writ petition against the Bar Association office bearers in their personal capacity is not...

Himachal Pradesh High Court Orders Review Of Punishments For Errant Substandard Drug Manufacturers To Enhance Deterrent Effect

Taking a strong stance against the manufacturing of substandard drugs within the state the Himachal Pradesh High Court has directed the state government to establish a mechanism to review the punishments imposed on drug manufacturers found guilty of producing low-quality medications.This directive comes amid a Public Interest Litigation (PIL) filed by the Court itself (suo motu) regarding...

Why Are HP Prison Manual, 2021 Norms Not Being Complied With? Himachal Pradesh High Court Asks State Govt

The Himachal Pradesh High Court, in a significant move to address the dire conditions in state prisons, has ordered the government to explain the non-compliance with the mandated staffing norms outlined in the H.P. Prison Manual, 2021.This order came while hearing a Suo motu Public Interest Litigation (PIL) concerning the welfare and conditions of prisoners.During the proceedings of the matter...

HP High Court Convicts HPSEBL Law Officer For Contempt, Sentences Him To Civil Imprisonment Till Rising Of Court

The Himachal Pradesh High Court on Thursday convicted a Law Officer of the Himachal Pradesh State Electricity Board (HPSEBL) for contempt of court. The officer, Kamlesh Saklani, was sentenced to civil imprisonment till the rising of the Court and a fine of Rs.2,000/- for willfully disobeying the Court's orders.While convicting him for contempt Justice Tarlok Singh Chauhan observed,“This is...

Himachal Pradesh High Court Weekly Roundup: May 6 - May 12, 2024

Nominal Index:The State of H.P. & another vs Prakash Chand 2024 LiveLaw (HP) 19State of Himachal Pradesh & Anr vs M/s Asphalt Carpet Constructions Co 2024 LiveLaw (HP) 20State of H.P. & another vs M/s Jagson International Ltd 2024 LiveLaw (HP) 21Hari Ram and others. Vs National Highways Authority of India 2024 LiveLaw (HP) 22Hoshyar Singh Chambyal and others Vs Hon'ble Speaker,...

Can Speaker Be Directed To Decide Upon MLA's Resignation Letters Within Fixed Time Frame? Himachal Pradesh High Court Delivers Split Verdict

While delivering a split verdict on the issue as to whether the court by invoking its powers under Article 226 of the Constitution of India can issue a direction to the speaker of the house to decide on the resignation letters forwarded by a member of the Legislative Assembly (MLA) within a fixed time frame.Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewak Dua pronounced their...

[NHAI Act] Landowner Shouldn't Suffer For Act Or Omission Of Arbitrator, Right To Property Is Constitutional Right Under Article 300A: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Ajay Mohan Goel held that the landowner shouldn't suffer for the act of omission of the Arbitrator to make an award within a period of 12 months from the date the arbitral tribunal enters upon the Reference as per Section 29(A) of the Arbitration and Conciliation Act. It held that the reason that as right to property is...

[Arbitration Act] For Condonation Of Delay In Filing Section 34, Party Is Obligated To Reveal Bonafidies Coupled With Plausible Reasons: Himachal Pradesh High Court

The Himachal Pradesh High Court single bench of Justice Satyen Vaidya held that for showing sufficient cause as required under the proviso to Section 34 (3) of the Arbitration and Conciliation Act, 1996, the party is obligated to reveal their bonafidies coupled with plausible reason in not filing the application within the prescribed time. Section 34(3) of the Arbitration...