WPPIL/217/2021
2021 Latest Caselaw 5283 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                            AND
      THE HON'BLE SRI JUSTICE NARAYAN SINGH DHANIK


                        22ND DECEMBER, 2021


          WRIT PETITION (PIL) No. 217 OF 2021

 Between:

 Jot Singh Bisht.
                                                             ...Petitioner

 and


 State of Uttarakhand and others.

                                                         ...Respondents


 Counsel for the petitioner.      :   Mr. Akshay Joshi, the learned counsel
                                      for the petitioner.

 Counsel for the respondents.     :   Mr. A.K. Bisht, the learned Additional
                                      Chief Standing Counsel for the State of
                                      Uttarakhand.


 The Court made the following:


 JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)


               With the consent of the learned counsel for

 the parties, this case is being decided at the admission

 stage itself.


 2.            Briefly stated, the case of the petitioner is that

 the Border Roads Organization has undertaken the

 construction of the Char Dham project, which entails the
 construction of roads through the State of Uttarakhand

in general, and a road between Chamba to Nagurgad, on

the Rishikesh-Gangotri National Highway in particular.

The petitioner claims that while the said construction is

continuing, trees are being cut, the mountains are being

carved, and the stones, which are extracted from the

mountain side, are either left unattended, or are

permitted to fall down the mountains, thereby damaging

the nearby area.


3.           In order to highlight the damage being done

to the environment, not only the petitioner, but even

others have submitted their representations.            The

learned counsel for the petitioner submits that despite

the representations dated 30.06.2021, 13.10.2021 and

20.10.2021      submitted   by   other   individuals,   no

substantial steps have been taken by the concerned

authority.      Meanwhile, due to the neglect of the

concerned authority, the ecology and the environment of

the area is systematically damaged. Therefore, he prays

that a direction should be issued by this Court that after

giving an opportunity of hearing to the concerned

parties, the representations must be decided by the

concerned authority.


                             2
 4.        The learned counsel for the State submits that

the State has no objection if such a direction were to be

given by this Court to the concerned authority.



5.        Therefore,      this   Court   directs   the   District

Magistrate,    Tehri       Garhwal,      to    consider      the

representations filed before him/her, and to give an

opportunity of hearing to both the petitioner, and to the

persons who have filed the said representations. In case

the learned District Magistrate, Tehri Garhwal, finds that

collateral damage is being caused to the environment

because of the dumping of the extra material being

excavated from the mountains, the competent authority

is directed to take immediate action, and to remove the

extra dumped material from the area.



6.        With these directions, this Writ Petition stands

disposed of.


                 _____________________________
                 RAGHVENDRA SINGH CHAUHAN, C.J.


                            _______________________
                            NARAYAN SINGH DHANIK, J.

Dt: 22nd December, 2021 Rahul