Jay Prakash Badoni vs State Of Uttarakhand And Others
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Uttarakhand High Court

Jay Prakash Badoni vs State Of Uttarakhand And Others on 6 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                        2024:UHC:8171-DB
     HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE ACTING CHIEF JUSTICE MR. MANOJ
               KUMAR TIWARI
                   AND
 HON'BLE SRI JUSTICE VIVEK BHARTI SHARMA
            6TH NOVEMBER, 2024
       WRIT PETITION (PIL) NO. 45 Of 2023
Jay Prakash Badoni               ......Petitioner
                       Versus
State of Uttarakhand and others. .......Respondents
Counsel for the petitioner     :       Mr.    Abhishek   Kandwal,   learned
                                       counsel.
Counsel for the respondents    :       Mr. P.C. Bisht, learned Additional
                                       Chief Standing Counsel for the State
                                       of Uttarakhand.
                                       Mr. I.D.Paliwal, learned Standing
                                       Counsel for the State of Uttar
                                       Pradesh.
                                       Mr. Sandeep Kothari, learned counsel
                                       for respondent Nos. 4 & 5.

JUDGMENT :

(per Mr. Manoj Kumar Tiwari, A.C.J.)

This writ petition has been filed allegedly in public

interest challenging the Tender Notice dated

17.03.2023 issued by Municipal Corporation, Haridwar.

By the said Tender Notice, e-bids were invited from

interested persons for award of parking lot over Rodi

Belwala.

2. The reliefs, sought in the writ petition, are

extracted herein below for ready reference:-

"a. Issue a writ order or direction in the nature of certiorari to quash the tender dated 17.03.2023 as floated by the respondent Haridwar Nagar Nigam, calling for tender of parking spaces in the Rodi Belwala ground, thereby contradicting recommendations of Justice Shri Krishna Committee and taking into consideration the safety of the devotees visiting Haridwar. b. Issue writ, order or direction in the nature of mandamus, directing the respondent State of

2024:UHC:8171-DB Uttarakhand to prepare a comprehensive plan through effective law enforcement to ensure the open space of Rodi Belwala ground is preserved for mass public congregations in Haridwar city. c. Issue writ, order or direction in the nature of mandamus, directing respondents to remove unauthorised encroachments from Rodi Belwala ground within the time so stipulated by this Hon'ble Court.

d. Pass any order that this Hon'ble Court may deem fit in the interest of justice, equity and good conscience.

All of which is most humbly and respectfully submitted."

3. A perusal of the impugned Tender Notice reveals

that the parking lot was to be given on contract for a

period of one year only, and the term of the contract

has reportedly come to an end in July, 2024.

4. In Paragraph-3 of the Compliance Affidavit filed by

Mr. Shyam Sunder Prasad, Assistant Municipal

Commissioner, Municipal Corporation, Haridwar, the

following statement has been made:-

"3. That it is submitted herein that in compliance of the aforesaid orders passed by the Hon'ble High Court the following 21 days have been identified on which the Rodi Belwala parking will be kept vacant and the details of the same are quoted hereinunder:- 1.Durga Ashtami, 2. Ram Navami,

3. Baisakhi, 4. Akshay Tritiya, 5. Ganga Saptami,

6. Buddha Poornima, 7. Ganga Dashara, 8. Nirjala Ekadasi, 9. Guru Poornima, 10. Shravan Shivratri,

11. Shravani Yazurvediya Upakarm, 12. Kushotpatni Amavasya, 13. Pitra Paksha Sharaad,

14. Sharad Poornima, 15. Kartik Poornima, 16. Lohari, 17. Makar Sankranti, 18. Mouni Amavasya,

19. Basant Panchami, 20. Magh Poornima and 21. Mahashivratri. True copy of the relevant

2024:UHC:8171-DB communication issued in this regard is being filed herein and marked as Annexure No. 1 to this affidavit."

5. Thus, the relief claimed by the petitioner in Relief

Clause No. (b) is also taken care of and the parking lot

shall be kept vacant on certain days, when there is

mass public congregation in Haridwar city for religious

reasons.

6. Thus, no useful purpose would be served by

keeping this PIL pending. The instant PIL is,

accordingly, disposed of in terms of the statement

made in Paragraph-3 of the Compliance Affidavit

referred to above.

7. All interim orders are vacated.

_______________________

MANOJ KUMAR TIWARI, A.C.J.

_____________________ VIVEK BHARTI SHARMA, J.

Dt: 6th November, 2024 Rathour

PRAVINDR Digitally signed by PRAVINDRA S RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

AS 2.5.4.20=23699ccc2fd40ad81b6fd13323779d 9e3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40

RATHOUR CC6179B8E010331BA695239171F906FD5C45 C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.11.07 10:53:49 +05'30'