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1 2025:HHC:22952 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No. 97 of 2024 Date of decision: 15.07.2025 _______________________________________________________ Court on its own motion …..Petitioner Versus State of H.P. & others …Respondents _______________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 _____________________________________________________ For the Petitioner: Mr. Dhiraj Thakur, Legal Aid Counsel. For the Respondents: Mr. Gobind
Korla,
Additional
Advocate
General, for respondents No. 1 to 4. Mr. Mukul Sood, Advocate, for respondents No. 5 & 6. G.S. Sandhawalia
, Chief Justice
(Oral) The present Public Interest Litigation has been initiated on account of the News Item dated 02.11.2024, regarding Smart City Roads being affected in Dharamshala, District Kangra. 2. As per the affidavit dated 04.04.2025, filed by the Joint Commissioner, Municipal Corporation, 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 Dharamshala, District Kangra, the Dharamshala Smart City Limited and other Agencies have initiated an inquiry and submitted its report as Annexure R-5/2. 3. The Inquiry Committee came to the conclusion that the works were done by various agencies, such as laying of optical fibre by Telecom Companies, laying of drinking water pipes and sewerage pipes by Jal Shakti Department etc. The Inquiry Committee suggested that roads should not be dug in a casual manner by any Agency, except in case of emergency situation or under grave necessity. The Committee also recommended regular monitoring and supervision of the rectification works. 4. As per the recent affidavit as such, the Corporation has
restored the roads and infrastructures, which had been impacted due to the various subsequent activities such as excavation works undertaken by various Agencies such as Jal Shakti Vibhag, Telecom Companies (Airtel, Reliance Jio) and Public Works Department. However, it has
3 been pleaded that the Corporation holds no supervisory control over these Agencies. 5. Compliance affidavit dated 04.04.2025 has also been filed by General Manager (Technical) Dharamshala Smart City Limited, wherein it has been averred that show cause notices have been issued to the concerned Agencies as such and the Contractor Firms subsequently completed all corrective measures, which included re-filling the excavated roads, levelling the uneven surfaces and restoring the pavements. 6.
We have also gone through the photographs as such, which show that necessary steps have been taken and there seems to be a considerable improvement at the site in view of the rectification done after the notices have been issued to the all concerned. 7. Legal Aid Counsel submits that in view of the litigation as such, he has got in touch with the Social Worker and RTI Activist also, who had sent the News Item to this Court and submitted that necessary
4 compliance report has also been forwarded to the said person, but there is no further response to the same. 8. Keeping in view the positive steps taken by all concerned, we deem it fit to give closure to the present Public Interest Litigation. 9. Accordingly, the present petition stands closed. (G.S. Sandhawalia)
Chief Justice. July 15, 2025
(Ranjan Sharma) (hemlata)
Judge.