Uttarakhand High Court
SPA/195/2021 on 22 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE Mr. RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE JUSTICE Mr. ALOK KUMAR VERMA
SPECIAL APPEAL NO. 195 OF 2021
22ND JULY, 2021
Counsel for the appellant: Mr. Siddharth Singh, Advocate.
Counsel for the respondents: Mr. J.C. Pandey, learned Standing
Counsel for the State of
Uttarakhand.
Mr. Ashish Joshi, learned counsel
for Nagar Nigam, Dehradun.
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
In compliance of the order dated 09.07.2021, Mr.
Vinay Shankar Pandey, the learned Municipal Commissioner,
Nagar Nigam, Dehradun, has submitted an affidavit, along
with a compliance report. The same shall be taken on record.
2. According to the compliance report, on 10.07.2021,
the officers of the Irrigation Department, District
Administration, Nagar Nigam, and the representative of the
Sneha School had congregated at the subject property. Near
the School premises, there is a 4.5 meters wide culvert, and
including the RCC wall, it is 5 meters wide. Keeping this
measurement in mind, a demarcation has already been done.
Moreover, a part of the Administrative Block needs to be
demolished; in order to secure the building from falling, new
columns and beams need to be constructed. It is only
thereafter that fifteen meters long culvert needs to be
constructed.
3. Mr. Vinay Shankar Pandey, the learned Municipal
Commissioner, and Mr. Sanjeev Jain, the learned
Superintending Engineer, Irrigation Department, have joined
the virtual Court through video conferencing.
4. Mr. Jain informs this Court that it will take the
Irrigation Department at least one month to demolish the
part of the Administrative Block and to raise the necessary
construction to safeguard the building. He further informs
this Court that in order to prevent the flooding of the campus,
a temporary wall has already been constructed, and sand
bags are being utilized for the said purpose.
5. However, the statement made by Mr. Jain has been
challenged by Mr. Siddharth Singh, the learned counsel for
the appellant. For, according to Mr. Singh, the water
continues to enter the campus, and there is a flood like
situation in the campus. Moreover, Mr. Singh submits that
according to the compromise entered between the parties,
the respondents were supposed to raise a boundary wall,
which they have failed to do so far.
6. Mr. Ashish Joshi, the learned counsel for the Nagar
Nigam, Dehradun, suggests that the petitioner should agree
to increase the width of the culvert from 4.5 meters to 5
meters, as a wider culvert would permit a larger amount of
water to flow, and this would be in the interest of the public
at large.
7. Since two contradictory statements are being given
by the parties, the appellant is directed to produce the
photographs to buttress his plea that in fact, there is a flood
like situation within the campus as water continues to flow in
the campus. The respondents are also directed to produce
the photographs to support their plea that a temporary wall
has been built and that sand bags are being used to prevent
the flooding of the School campus.
8. Moreover, Mr. Siddharth Singh, the learned counsel
for the appellant, is directed to seek instructions from his
party, whether they are willing to permit the respondents to
increase the width of the culvert from 4.5 meters to 5 meters,
or not?
9. List this case on 02.08.2021.
(RAGHVENDRA SINGH CHAUHAN, C.J.)
(ALOK KUMAR VERMA, J.)
Dated: 22nd July, 2021
Rathour
