WPPIL/167/2022
2022 Latest Caselaw 4049 UK

       IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                  AND
            THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


                 WRIT PETITION (PIL) NO. 167 OF 2022

                             19th DECEMBER, 2022

Between:

Jaman Singh                                        ......          Petitioner

and

State of Uttarakhand & others                      ......         Respondents



Counsel for the petitioner        :   Mr. Pavan Kumar Nath and Ms. Garima
                                      Thapa, learned counsels

Counsel for the respondents       :   Mr. S.S. Chauhan, learned Deputy
                                      Advocate General for the State /
                                      respondent Nos. 1, 2, 3 and 6

                                  : Mr. Aditya Pratap Singh, learned counsel
                                    for respondent No. 5



The Court made the following:

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



             The petitioner has preferred the present writ petition

to seek the following relief:

             "Issue a writ, order or direction in the nature of
             mandamus commanding and directing the respondents
             not to relocate the existing / present garbage and
             waste    disposal    site   near   the   water   source    and
             cremation area of the petitioner's Village Kuneli,
             Village Panchayat Marora, Gairsain, District Chamoli,
             Uttarakhand."
                                2


2)         First and foremost, we may observe that it is

generally not for the Court to micro-manage such aspects of

development and take a decision as to where a particular

facility should be located.   We are, therefore, not inclined to

interfere with the decision of the respondents to relocate, or

create another garbage and waste disposal facility.


3)         Learned counsel for the petitioner submits that the

petitioner's representation is pending consideration before the

respondents.


4)         Let the respondents examine the said representation

before acting on their proposal to relocate the present garbage

and waste disposal facility. It is made clear that, even if the

representation is rejected, that would not be a reason to the

petitioner to approach the Court again on the merits of the

petitioner's claim.


5)         Writ petition stands disposed of in the aforesaid

terms.


6)         Interim Relief Application (IA No. 01 of 2022) also

stands disposed of.



                                           _________________
                                           VIPIN SANGHI, C.J.


                                                ___________
                                               R.C. KHULBE, J.

Dt: 19th DECEMBER, 2022 Negi