2025:HHC:28874-DB IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No. 81 of 2022 Decided on: 25 th August , 2025 ________________________________________________ Sanjeevan Singh ....Petitioner Versus State of H.P. and others ...Respondents ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 For the petitioner: Mr. Abhishek Dulta, Advocate. For the respondents: Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No.1 to 4-State. Mr. Virbahadur Verma, Advocate, for respondent No.5. Mr. Sumeet Raj Sharma, Advocate, for respondents No.6 and 7. G.S. Sandhawalia, Chief Justice (Oral) The present Public Interest Litigation raised the issue regarding the removal of muck and debris from village Motla, District Chamba. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. The said dumping was being done as such by respondent Nos.6 and 7 on account of the fact that they had been given a contract to construct a link road from Motla to Sukhiar, which was of a length of 9 kms. 3. Apparently, directions had been issued to the Secretary, District Legal Services Authority, Chamba, to inspect the site and necessary affidavit was to be filed by the SDM, Bhattiyat at Chowari as to whether a sum of Rs.92,96,440/-, which had been sought for removal of the muck, had been released or not. 4. Directions were also issued to Engineer-in-Chief as well as the Executive Engineer, Public Works Department of Himachal Pradesh, to file affidavits as to what action was supposed to be taken against the contractors engaged, who are responsible. 5. It is also noticed that vide order dated 04.07.2023, five of the designated dumping sites were located in the catchment areas of the nallahs and the same were located above water tanks and spilled into the catchment areas, 2 thereby blocking the same. 6. The nominal fine imposed on the contractor was also not appreciated vide order dated 16.10.2023, keeping in view the cost of removal of the muck. Resultantly, disciplinary action as such was also proposed, leading to a fine of Rs.11,39,310/- being imposed and which was not appreciated that the State should recover more amount instead of the said quantification. An additional penalty of Rs.9,12,630/- was imposed on the 6th respondent and resultantly it was noticed that Rs.64.00 lacs. is the cost of such of removal of muck from the forest land. 7. On 14.11.2024, we had noticed that the respondents No.6 to 7 were also to reconstruct the retaining walls at two places on the said road. Resultantly, various orders were passed to deposit the initial penalties and whether these amounts could be recovered/deducted from the security deposit amount. 8. On 17.07.2025, we had directed the State to file an affidavit whether the reconstruction of the said wall has been 3 done. The necessary affidavit which is stated to be filed in the office, copy of which has been shown to us would go on to show that the Executive Engineer, Sh. D.S. Pathania, presently posted as S.E., 7th Circle, HPPWD, Dalhousie, has appended the photographs and stated that the reconstruction of the said walls has been completed. 9. Counsel for the petitioner admits that now the petition is liable to be rendered infructuous, keeping in view the proactive steps taken by the State in view of the various directions issued over a period of time. 10. Resultantly, we deem it appropriate to close the proceedings with a word of caution to the State that for future construction projects, proper dumping sites should be identified. The location as such of dumping sites should be taken by giving adequate care regarding the location of such dumping sites, so that, the debris as such does not slide into the adjoining areas such like private land, nallahs, water bodies, forest areas, catchment areas. All the private contractors as such should strictly adhere to the said 4 instructions since already the State is facing large number of landslides due to heavy rains in the monsoon and due to the peculiar topography of this region, adequate care has to be taken, since the sliding muck and waste which are not part of the terrain and just dumped from the top have a tendency to slide and is a potential disaster as such for the lands and the general public living at lower levels. 11. Resultantly, the present petition is disposed of. Pending application(s), if any, shall also stand disposed of. ( G.S. Sandhawalia ) Chief Justice 25 th August , 2025 ( Ranjan Sharma ) (ankit) Judge 5