IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 5038 of 2011-F. Decided on: 25th November, 2011. NSL Tidong Power General (P) Ltd. … Petitioner. Versus State of H.P. & others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. K.D. Sood, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General, for respondents No.1 to 5. Ms. P. Malhotra, Advocate, for respondents No.6 to 15. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “A) This Hon’ble Court may kindly be pleased to issue a writ of Mandamus directing respondents 1 to 5 to permanently take all the effective steps in prohibiting/stopping unauthorized persons including Respondents and persons acting on the instigation of Respondents from carrying out their illegal activities in the form of arson, gate meetings, abuses, violence, autnorized restraint, stoppage of work and transportation of machinery and equipment to the project are and preventing workers from performing their duties near the Offices/Project work Sites and Muck Dumping Sites of the petitioner Company at villages Lamber, Thangi, Moorang & Rispa in Panchayats of Tehsil Moorang District Kinnaur. This Hon’ble Court may be pleased to issue a writ of mandamus directing respondents 1 to 5 to provide 2 adequate security cover at the office and the project site of the petitioner Company to safeguard the life and property of the officers and workers of the petitioner Company to ensure that miscreants are not able to cause any harm to the life and property of the officers and workers of the petitioner Company and to ensure that working atmosphere at the project site is maintained and those workers willing to work are able to perform their duties without any threat. B) That the respondent State may be directed to produce before this Hon’ble Court the relevant record of the case and respondents be further directed to pay to the petitioner the cost of the petition. C) Direct the respondent forthwith to provide the sufficient regular police assistance at the cost of the petitioner to enable petitioner to execute and complete the time-bound project so that respondent No. 6 to 15 do not interfere-with or obstruct the passage to the project and that the working of the project is not hindered in any manner.” 2. On 1st July, 2011, this Court pass the following order:- “ Notice dasti to respondents No. 6 to 15. There will be a direction to respondents No.2 to 5 to take appropriate action to maintain law and order and in the process in case the petitioner requests for any regular police assistance, the same shall be granted at the expense of the petitioner. However, the police shall not interfere with the peaceful record of protect of the private respondents or the public.” 3. Smt. P. Malhotra, learned Counsel appearing for the respondents submits that on the cover of the interim order, as extracted above, the petitioner is indulging in indiscrete cutting and removing of Nevja trees apart from other 3 violation. While making the interim order absolute, we make it clear that the police protection granted to the petitioner shall not be taken to mean that it is a protection to the petitioner to indulge in any illegal activity and indiscrete felling of trees. The protection is limited to lawful activity to be carried out by the petitioner. In case there is any illegal activity on the part of the petitioner, it will be certainly open to the authority concerned including the Police, Forest, Revenue and Labour Departments to take appropriate action accordance with law in the matter. 4. In view of the observation and direction, as above, the writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 25th November, 2011. (Justice V.K. Ahuja), (tr/kck) Judge. 4