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2021 DIGILAW 761 (UTT)

Jot Singh Bisht v. State Of Uttarakhand

2021-12-22

NARAYAN SINGH DHANIK, RAGHVENDRA SINGH CHAUHAN

body2021
JUDGMENT Raghvendra Singh Chauhan, CJ. - With the consent of the learned counsel for the parties, this case is being decided at the admission stage itself. 2. Briefly stated, the case of the petitioner is that the Border Roads Organization has undertaken the construction of the Char Dham project, which entails the construction of roads through the State of Uttarakhand in general, and a road between Chamba to Nagurgad, on the Rishikeshâ"Gangotri National Highway in particular. The petitioner claims that while the said construction is continuing, trees are being cut, the mountains are being carved, and the stones, which are extracted from the mountain side, are either left unattended, or are permitted to fall down the mountains, thereby damaging the nearby area. 3. In order to highlight the damage being done to the environment, not only the petitioner, but even others have submitted their representations. The learned counsel for the petitioner submits that despite the representations dated 30.06.2021, 13.10.2021 and 20.10.2021 submitted by other individuals, no substantial steps have been taken by the concerned authority. Meanwhile, due to the neglect of the concerned authority, the ecology and the environment of the area is systematically damaged. Therefore, he prays that a direction should be issued by this Court that after giving an opportunity of hearing to the concerned parties, the representations must be decided by the concerned authority. 4. The learned counsel for the State submits that the State has no objection if such a direction were to be given by this Court to the concerned authority. 5. Therefore, this Court directs the District Magistrate, Tehri Garhwal, to consider the representations filed before him/her, and to give an opportunity of hearing to both the petitioner, and to the persons who have filed the said representations. In case the learned District Magistrate, Tehri Garhwal, finds that collateral damage is being caused to the environment because of the dumping of the extra material being excavated from the mountains, the competent authority is directed to take immediate action, and to remove the extra dumped material from the area. 6. With these directions, this Writ Petition stands disposed of.