WPPIL/37/2022
2022 Latest Caselaw 2511 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                                          AND

                        THE HON'BLE SRI JUSTICE R.C. KHULBE


                 WRIT PETITION (PIL) NO. 37 OF 2022

                             16TH AUGUST, 2022

BETWEEN:

In Re Open Burning of Dryoak Leaves in Nainital
                                                                    .....Petitioner.
And

Union of India & others                                         ....Respondents.

Counsel for the Respondent No.2 : Mr. K.N. Joshi, learned Deputy Advocate General for the State.

Counsel for the Respondent No.4 : Mr. K.K. Tiwari, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

This Public Interest Litigation was initiated on the

basis of a letter dated 24.03.2022, received from one Ms.

Medha Pande, a student, Faculty of Law, Delhi University,

wherein she had pointed out that in and around Nainital,

dried oak tree leaves were being burnt leading to pollution.

2. Upon registration of suo motu proceedings, notices

were issued to the State of Uttarakhand, through Principal

Secretary, Department of Forest, Government of

Uttarakhand, Dehradun; the District Collector, Nainital, and;

the Nagar Palika Parishad, Nainital through its Executive

Officer.

3. Counter-affidavits have been filed on the record by

Mr. Satyaprakash Singh, Deputy Secretary, Department of

Forest, Government of Uttarakhand, and by Mr. Ashok Kumar

Verma, Executive Officer, Nagar Palika Parishad, Nainital,

District Naintal, wherein they state that burning of oak tree

leaves is not taking place, either in the forest area, or in the

Nainital municipal area. According to the Nagar Palika

Parishad, Nainital, District Nainital, they have created

compost pits where such dried oak tree leaves are collected

for composting.

4. We take the statements of these respondents on

record, and they shall remain bound by the same. The

respondents shall ensure that no burning of dried oak tree

leaves takes place, either in the municipal area of Nainital, or

in the forest area of Nainital district. In case, any breach of

this undertaking is brought to the notice of this Court, this

Court shall consider taking action under the Contempt of

Courts Act against those found responsible for the same.

5. The petition stands disposed of in the aforesaid

terms.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 16th August, 2022 NISHANT