Ajay Gautam vs State Of Uttarakhand And Another
2022 Latest Caselaw 2339 UK

      IN THE HIGH COURT OF UTTARAKHAND AT
                    NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE


         Misc. Application (MCC/850/2019)
       Application for Direction (IA/851/2021)
                           In
              WP(PIL) No.148 OF 2017

                        28TH JULY, 2022



Ajay Gautam                                        ...... Petitioner

                                 Vs.

State of Uttarakhand and Another
                                               ...... Respondents

Presence: -
Shri Piyush Garg, learned counsel for the petitioner.
Shri Vikas Pandey, learned Standing Counsel for the State.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


            Compliance affidavit(s) filed by the State are

taken on record. Applications (IA 852, 853, 854 of 2021

and 855 and 856 of 2022), made therefor, stand disposed

of accordingly.

2.          An affidavit of compliance has been filed by the

State on 25.07.2022 (Application No.856 of 2022), which

has been perused. The report of the Wadia Institute of

Himalyan Geology of June 2022 is annexed with the said

affidavit and the same has been perused.
 3.        It appears that there is no imminent threat

observed at the snout of Gangotri Glacier at present.

4.     The issued raised in the present petition is

regarding the danger of the formation of a lake at

Gangotri, which may lead to a natural disaster in the

eventuality of such lake bursting. In our view, this issue

has been addressed with the appointment of an expert

body to keep regular vigil at the snout of the Gangotri

Glacier. This vigil is particularly required during the

months of May to September every year, since these are

the months when snow melts, and Monsoon rains occur,

and this phenomena lead to larger inflow of water, posing

a threat of collection of large amount of water in the lake,

which could lead to a disaster in the case of its bursting.

5.     We, therefore, dispose of present application(s)

with a direction to the State to ensure that there is

regular check-ups at the Gangotri Glacier all round the

year, particularly during the months of May to September

and also in the eventuality of there being un-seasonal

rains during other months of the year. The necessary

Checks should be conducted by adopting all possible

means, including Satellite Imaging. The reports of the

Checks conducted should be up-dated on the website of

the Uttarakhand Disaster Mitigation and Management


                             2
 Centre contemporaneously, so as to enable the public to

view the same. These reports should be up-dated at least

once      every    month   during   the     months    of    May     to

September, and if any further reports are called for on

account of the prevailing weather conditions, they should

also be up-dated on the website.

6.           The    respondents     shall    also    ensure       that

adequate      expert   monitoring    and     vigilance     continues

without a break. For that purpose, the respondents may

either make their own arrangements, or may enter into

Agreement/MoU with competent agencies.


                                          ________________
                                           VIPIN SANGHI, C.J.


                            ________________________
                            RAMESH CHANDRA KHULBE, J.

Dated: 28th July, 2022 R.Bisht