Uttarakhand High Court
WPPIL/131/2019 on 8 June, 2023
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08.06.2023 WPPIL No. 131 of 2019
Hon'ble Vipin Sanghi, C.J.
Hon'ble Rakesh Thapliyal, J.
1. Mr. Rajeev Singh Bisht, learned counsel for the
petitioner.
2. Mr. C.S. Rawat, learned Chief Standing Counsel
with Mr. Amarendra Pratap Singh, learned Additional
Advocate General for the State of Uttarakhand/
respondents.
3. Mr. Hari Mohan Bhatia, learned counsel for
respondent no. 6.
4. Mr. Naresh Pant, learned counsel for the NHAI/
respondent no. 8.
5. This Writ Petition has been pending since 2019.
The same had been preferred by the petitioner in Public
Interest, expressing concern over the proposed
construction of the Base Station/ Terminus of the
Ranibagh Nainital Ropeway at Hanumangarhi on the
ecologically fragile Manora Peak towards South of the
Town/ Lake. The petitioner sought a direction to the
respondents to re-plan the Ranibagh Nainital Ropeway
by making the Base Station/ Terminus at any safer
place, other than the geologically fragile Hanumangarhi
area situated at the Manora Peak.
6. The petitioner has placed on record the judgment
of the Supreme Court in Dr. Ajay Singh Rawat v.
Union of India and others, (1995) 3 SCC 266. The
directions issued by the Supreme Court in the said
judgment relate, primarily, to the Naini Lake and the
town of Nainital. The seventh direction issued in the
seventh paragraph of the said judgment states "The
fragile nature of Ballia Ravine has to be taken care of.
The cracks in the revetment of Ballia Nala have to be
repaired urgently."
7. The petitioner claims that the proposed
construction of the Base Station at Hanumangarhi
would be catastrophic, looking to the fragile nature of
the rock in the said area.
8. Mr. Rawat, the learned Chief Standing Counsel
submits that the whole project has now been taken up
by the National Highways Logistics Management
Limited, which is a limb of the National Highways
Authority of India, which is undertaking the detailed
technical survey with regard to the feasibility of
construction of the Ranibagh Nainital Ropeway, with
the Base Station at Hanumangarhi area situated at the
Manora Peak. The geotechnical and soil survey has
been undertaken. The instructions further state that,
after digital feasibility has been got conducted, for
which tenders have been invited, it is likely that by
October, 2023, the final decision in that regard would
be taken.
9. Learned counsel for the NHAI has also put in
appearance, and he has also submitted on the same
lines.
10. We have no reason to assume that the NHAI,
which is a professional and responsible body, would not
take into account all the relevant aspects before taking
a decision to construct the said Ropeway, with its Base
Station at Hanumangarhi area situated at the Manora
Peak.
11. In the light of the disaster, we have experienced
at Joshimath recently, the authorities would be well
advised to take lessons from the same, and undertake
developmental activities, keeping in view the geological
situation at the proposed location of the Base Station.
12. In the light of the aforesaid, we dispose of the
present Writ Petition in the aforesaid terms.
13. Consequently, pending application(s), if any, also
stand disposed of.
(Rakesh Thapliyal, J.) (Vipin Sanghi, C.J.)
08.06.2023 08.06.2023
Rahul
