1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13435 of 2026 Decided on: 27.08.2026 M/s JSW Hydro Energy …..Petitioner Versus State of H.P. and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. R.L.Sood, Senior Advocate with Mr. Arjun Lall and Mr. Vidur Kapur, Advocates. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Petitioner’s grievance in this writ petition centers around Annexure P-S dated 05.05.2026 issued by respondent No.2- The Collector, District Kinnaur at Reckong Peo, District Kinnaur, H.P. The nature of aforesaid document has been reflected therein as ‘order’ and the document also gives out certain directions in form of “final order”. Petitioner feeling aggrieved, accordingly assailed this document at Annexure P-S. 2. On 06.08.2026, while issuing notice, learned Deputy Advocate General was directed to have 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 instructions in the matter. Instructions have now been placed on record. These instructions are dated 20.08.2026 from the office of Additional Secretary (Revenue) to the Government of Himachal Pradesh. Being relevant, there are reproduced hereinafter:- “File No.Rev-D(E)3-12/2026 Government of Himachal Pradesh Department of Revenue From The Addl. Chief Secretary (Revenue) to the Government of Himachal Pradesh. To The Ld. Advocate General Himachal Pradeh. Dated Shimla- 171002 20.08.2026 Subject: CWP No. 13435 of 2026 titled as M/S JSW Hydro Power Pvt. Ltd Vs State of H.P & Ors. Sir, I am directed to refer to your letter No. CWP 13435/2026 dated 10-08-2026 In the subject cited above and to say that on perusal of the contents of CWP No. 13435 of 026 titled M/s JSW Hydro Power Pvt. Ltd Vs State of H.P & Ors, regarding the order in Case No. 5/2025 dated 05- 05-2026 passed by the District Collector, Kinnaur. In this regards is submitted that the Deputy Commissioner Kinnaur has submitted a comprehensive report the Government for consideration and appropriate orders as per the provisions of the H.P. ease Rules, 1993 and 2013 as the matter pertains violation of diverted forest land by the petitioner company. The Deputy Commissioner, Kinnaur has communicated that the Mitioner company i.e JSW, has violated the FCA approval. The MoEF&CC, Gol, has corded permission for the diversion of forest land under FCA 1980 for the purposes of mpingwhereas the petitioner company has used the land for some 3 other purposes in contravention for the said diversion. Hence, the report submitted by the Deputy Commissioner, Kinnaur is currently under consideration at the Government level for violation of FCA, 1980 and as the State Government requires time to examine the matter thoroughly to take an appropriate decision in the matter. In view of above, it is therefore, requested to place the above facts before the ble High Court as and when aforesaid CWP will be listed for hearing on dated 13-08-and also pray further time at least of six weeks for filing of the reply to the above CWP please. Yours faithfully, sd/- (Balwan Chand) Addl. Secretary (Revenue) to the Government of Himachal Pradesh.” 3. In terms of above instructions, Annexure P-S impugned in this writ petition, is only a report submitted by the District Collector, Kinnaur at Reckong Peo which is stated to be under consideration of the State government for taking appropriate action in the matter. Learned Deputy Advocate General submits that Annexure P-S impugned in this writ petition is only a report; It does not have the character of an order; No directions as such, therefore, be deemed to have been issued to the petitioner in terms of Annexure P-S. The said document be construed only as a report which is pending 4 consideration before the Government. After examining the aforesaid report, appropriate order, if required, to be passed separately by the State government, shall be issued. 4. Taking note of aforesaid office instructions and the submissions made by learned Deputy Advocate General, present writ petition is disposed of. All rights and contentions of the petitioner on the issues involved in the instant petition are left open. Petitioner shall be at liberty to seek appropriate remedy in accordance with law in case necessity so arises in future. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua August 27, 2026 Judge yogesh