WPPIL/177/2020
2021 Latest Caselaw 444 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 ALOK KUMAR VERMA


           WRIT PETITION (PIL) No. 177 OF 2020


                         24th FEBRUARY, 2021


 Between:

 Dr. Bharat Jhunjhunwala.
                                                              ...Petitioner

 and


 Union of India and others.
                                                          ...Respondents


 Counsel for the petitioner     :   Mr. Ajay Veer Pundir, learned counsel.

 Counsel for the respondent         Mr. Aazmeen Sheikh, learned Standing
 nos. 1 to 3                    :   Counsel.

 Counsel for respondent no. 4   :   Mr. K.N. Joshi, learned Deputy Advocate
                                    General and Mr. Suyash Pant, learned
                                    Standing Counsel for the State of
                                    Uttarakhand.

 Counsel for respondent no. 5   :   Mr. U.K. Uniyal, learned Senior Counsel
                                    assisted by Mr. Vikas Bahuguna, learned
                                    counsel.




 The Court made the following:


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


               The petitioner is aggrieved by the construction

 of the Singoli Bhatwari Hydro-Electric Project in the State.
 2.            The learned counsel for the petitioner submits

that despite the fact that the petitioner, who claims to be

an   expert      on    the     hydel    project,    has    submitted

representations       before    the    Ministry    of   Environment,

Forest and Climate Change as well as the Ministry of Jal

Shakti, neither of the two Ministries have responded to

his representations. Therefore, the learned counsel seeks

the relief that the petitioner should be permitted to again

submit a fresh representation to both the aforesaid

Ministries, and both the Ministries should be directed to

consider and decide the said representations.



3.            On the other hand, Shri U.K. Uniyal, the

learned Senior Counsel for respondent no. 5, informs this

Court that the impugned project has already been

completed and commissioned in November, 2020.



4.            Be that as it may, the petitioner is permitted to

file a fresh representation before both the aforesaid

Ministries.     Both the Ministries are directed to consider

the representation so filed by the petitioner, and to pass

a reasoned order within a period of two months from the

date of receipt of the representation.




                                  2
 5.         With these observations, this writ petition

stands disposed-of.




                   _____________________________
                   RAGHVENDRA SINGH CHAUHAN, C.J.



                               ___________________
                               ALOK KUMAR VERMA, J.

Dt: 24th February, 2021 Rahul