Uttarakhand High Court
Dr. Ajay Singh Rawat vs State Of Uttarakhand And Others on 15 June, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
Wirt Petition (PIL) No.131 of 2019
Dr. Ajay Singh Rawat ...... Appellant
Vs.
State of Uttarakhand and Others ...... Respondents
Counsel for the petitioner : Mr. Rajeev Singh Bisht,
learned counsel.
Counsel for the State : Mr. C.S. Rawat, learned
Chief Standing Counsel
along with Mr. Anil Bisht,
learned Additional Chief
Standing Counsel for the
State.
Counsel for respondent no.7 Mr. H.M. Bhatia, learned
counsel.
Counsel for respondent no.8 Mr. Naresh Pant, learned
counsel.
Upon hearing the learned Counsel, the Court made the
following
Judgment: (Per Shri Sanjaya Kumar Mishra, ACJ)
By filing this writ petition (PIL), the petitioner
has prayed for issuance of writ in the nature of certiorari
calling for the records, and quashing the decision of the
respondent authorities to construct the Base Station/
Terminus of the Ranibagh-Nainital Ropeway at
Hanumangarhi on the ecologically fragile Manora Peak
towards South of the Town/Lake and he also prayed for the
order or direction in the nature of mandamus commanding
the respondents to re-plan the Ranibagh-Nainital Ropeway
by constructing the Base Station/ Terminus at any safer
1
place other than the geologically fragile Hanumangarhi area
situated at the Manora Peak.
2. In course of hearing, it came to light that the
project of Ranibagh-Nainital Ropeway has been put on hold
because of pendency of the writ-petition. It is also brought
to our notice that in the month of September, 2021 a
Memorandum of Understanding (MoU) has been entered
into between National Highways Logistics Management
Limited and Uttarakhand Toursim Development Board,
Govt. of Uttarakhand for Development of Ropeways as
Innovative Transport Solution in Uttarakhand.
3. Keeping in view, the heavy traffic of vehicle run
by fossil fuel and heavy influx of tourists in the city of
Nainital the ecological and environmental problem has
posed a big threat to the very existence of fragile ecology
of Nainital. In that view of the matter, we are of the opinion
that a ropeway for transporting people, especially tourists
from Rainibagh situated near Kathgodam and some place in
Hanumangarhi or any suitable place will provide enough
relief to the residents of Nainital and it will also facilitate
transporting of tourists as it will be cheaper mode of
transport than a vehicle run by fossil fuel.
4. In that view of the matter, we are of the opinion
that the Uttarakhand Toursim Development Board, Govt. of
Uttarakhand, the NHAI and also the National Highways
Logistics Management Limited should go ahead with the
programme.
5. Mr. Naresh Pant, learned counsel appearing for
the National Highways Logistics Management Limited,
which is a branch of National Highways Authority of India
(NHAI) would undertake before us that the authorities shall
prepare fresh Detail Project Report (DPR) and shall take
into consideration all possible ecological and environmental
issues before presenting a proposal for project
2
implementation. He also submitted before us that before
undertaking any construction of project, the experts will
make the soil test and will take other such necessary steps.
6. In that view of the matter and in view of the
letter issued by the Under Secretary to the Govt. of India
on 07.03.2022 to the Chief Secretary of all States/UTs
regarding SOP for proposal submission by State
Government(s) to undertake Ropeway/
Alternative/Innovative Mobility Projects.
7. We are of the opinion that opposite party nos.6
and 7 should undertake the exercise of putting alternative
ropeway proposal to access the city of Nainital. While
preparing the Detailed Project Report necessary soil test
among all tests should be conducted and we hope and trust
that a proposal will be placed before the NHAI within a
period of 45 days and the same shall be filed before us on
45th day.
8. The matter be listed on 20.07.2022.
9. Urgent copy of the order be supplied, today
itself, to the learned counsel for the parties, as per rule.
_________________________
SANJAYA KUMAR MISHRA, A.C.J.
______________
RAMESH CHANDRA KHULBE, J.
15TH JUNE, 2022
BS/SS
