WPMS/173/2020
2021 Latest Caselaw 2539 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
          ON THE 22ND DAY OF JULY, 2021
                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 173 of 2020


 BETWEEN:

 Khadak Ram & others.                                   ....Petitioners
       (By Mr. S.S. Yadav, Advocate)


 AND:

 State of Uttarakhand and others.                 ..Respondents

       (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
       Uttarakhand and Mr. Rakesh Thapliyal, Senior Advocate,
       assisted    by    Mr.    Sanjay   Bhatt,   Advocate     for   the
       interveners)


                           JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Intervention application (CLMA No. 2117 of 2020) is allowed.

3. Petitioners are residents of Village Mundoli Kankhura, District Chamoli. They had earlier filed WPMS No. 74 of 2018, which was disposed of by this Court vide order dated 11.01.2018. By the said order, petitioners were permitted to make fresh representation to District Magistrate, Chamoli and the District Magistrate was directed to take decision on the

said representation within four weeks. It was further provided that, till decision on petitioners' representation, status quo, as regards construction of road, shall be maintained.

4. According to the petitioners, they made representation pursuant to the said order, however, no decision thereupon was taken by District Magistrate. Since in the meantime, the concerned authorities had taken steps for cutting the trees, therefore, petitioners had approached this Court, seeking the following reliefs:

"(i) Issue a writ, order or direction in the nature of Certiorari quashing the list issued by the respondent No. 12 dated December, 2019, for cutting of trees for which the last date 15.04.2020 (Annexure No. 13 to the writ petition), the N.O.C. given by the respondent No. 9 dated 16.05.2011 (Annexure No. 6 to the writ petition) and copy of the survey report dated 12.11.2014 issued by the respondent No. 11 (Annexure No. 8 to the writ petition) and copy of the permission dated 26.10.2017 given by respondent No. 10 (Annexure No. 11 to the writ petition).

(ii) Issue a writ, order or direction in the nature of Mandamus restraining the respondent No. 1, 2, 3, 4, 10 & 12 to not construct the Kodba band to Devsthali road, for which Court has already directed to maintain the status quo dated 11.01.2018 (Annexure No. 4 to the writ petition), without surveying and shifting the total villagers to other safe place before cutting of the trees and hills, for which the road is proposed.

(iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to maintain the status quo as on today and not disturb the peaceful life of villagers (citizens) by the act the respondents are violating the fundamental rights of the petitioners, which is protected under Article 21 of the Constitution of India."

5. Learned Additional C.S.C. submits that construction of road has not begun.

6. Mr. Rakesh Thapliyal, learned Senior Advocate appearing for the interveners submits that, in view of the demand raised by the villagers at various forums, the project for construction of road Kodba Band to Devsthali Road was approved and necessary funds were allocated, however, due to opposition by few villagers, the construction work is stalled.

7. This Court, vide order dated 24.06.2021, had granted time to learned State Counsel to get instructions regarding the representation submitted by the petitioners and decision, if any, taken by District Magistrate thereupon. Thereafter, two more opportunities were granted to the State Counsel for the purpose. Today, learned Additional C.S.C. submits that District Magistrate has decided the representation submitted by the petitioners vide order dated 14.07.2021. He further submits that District Magistrate has dealt with all the issues, including the issue raised by the petitioners in their representation.

8. In view of this development, learned counsel for the petitioners seeks permission of this Court to withdraw this writ petition with liberty to file fresh petition, challenging the order passed by District Magistrate on 14.07.2021.

9. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid.

(MANOJ KUMAR TIWARI, J.) Arpan