CEMENT CORPORATION OF INDIA LTD. Vs. KINKRI DEVI

JUDGEMENT

(1.) -This is an application by the Cement Corporation of India Ltd , (A Government of India Enterprise) hereinafter referred to as "the applicant") making a two -fold prayer : (i) that the interim directions No. 3 and 4 issued on May 29, 1987 in Civil Writ Petition No 82 of 1987 (Kinkri Devi and another v. State of Himachal Pradesh and others), (hereinafter referred to as "the writ petition") and the order dated November 3, 1987, passed in Civil Misc. Petition No 313 of 1987, State of Himachal Pradesh and others v Kinkri Devi and another\ be clarified and (2) that directions be issued to the Deputy Commissioner, Sirmour (hereinafter referred to as "the fourth opponent") for the withdrawal of the directions issued vide Annexure A -l to the application.

(2.) The application was instituted during the vacation on January 14, 1988 and it was listed for orders on January 15, 1988 before the learned Vacation Judge. Notice returnable on February 12, 1988 was issued on that day and affidavit(s) -in -reply were directed to be filed on or before February 8, 1988. Pursuant to the direction aforesaid, the fourth opponent has filed an affidavit -in -reply dated February 7, 1988.

(3.) The application reached hearing before the learned Vacation Judge on February 17, 1988, when it was directed that it be listed before this Bench immediately after the opening of the Court after the Winter Vacation, and, meanwhile, the applicant was permitted to go ahead with the blasting operation and to that extent the order of the fourth opponent, Annexure A -I, was directed to be non -operative. The applicant was, however, ordered to carry out the blasting operations under the rules and regulations. The matter has accordingly been listed before this Court pursuant to the directions issued by the learned Vacation Judge.