WPMS/1066/2021
2021 Latest Caselaw 2516 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
          ON THE 20TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        Writ Petition (M/S) No. 1066 of 2021
BETWEEN:

Usha Aluminium Private Limited             ...Petitioner
     (By Dr. K.H. Gupta, Advocate)

AND:

State of Uttarakhand & others              ...Respondents

     (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
     State of Uttarakhand)

                        JUDGMENT

1. Petitioner was denied permission to establish a factory at Mahuakheda Ganj, District Udham Singh Nagar on the ground that the proposed site is less than ten kilometres away from the nearby reserved forest. Thus, feeling aggrieved petitioner has approached this Court.

2. Learned counsel for the petitioner submits that subsequent to filing of writ petition, aerial survey of his land was made by Survey of India and it was found that petitioner's land is more than ten kilometres away from the nearby reserved forest. He further submits that the report of the Survey of India was produced before the Competent Authority in the State Government and necessary permission for establishing the factory has also been granted to the petitioner in respect of Khasra Nos. 1137 and 1139. He further submits that the relief, as claimed in the writ petition, has now become infructuous.

3. Mr. T.S. Phartiyal, learned Additional C.S.C. for the State has endorsed the submission made by learned counsel for the petitioner and he also submits that after grant of permission, for establishing the factory, nothing survives in this writ petition.

4. In such view of the matter, writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Aswal