Uttarakhand High Court
Sh. Kuldeep Khandelwal vs State Of Uttarakhand & Another on 27 November, 2019
Author: Alok Kumar Verma
Bench: Ramesh Ranganathan, Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 2221 of 2019
Sh. Kuldeep Khandelwal .......Petitioner
Versus
State of Uttarakhand & another .......Respondents
None appears for the petitioners.
Mr. J.C. Pande, Brief Holder for the State.
JUDGMENT
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble Alok Kumar Verma, J.
Dated: 27th November, 2019 RAMESH RANGANATHAN, C.J. (Oral) The relief sought for in this Writ Petition is for a mandamus commanding the respondents to construct the Dumela marg 20 meters road, situated at Lansdowne, Pauri Garhwal district; for action to be taken against the respondents by issuing show-cause notice; and for a mandamus directing the respondents to consider the representation of the petitioner dated 11.02.2019 within a specified time frame.
2. The respondents in this Writ Petition are the State of Uttarakhand represented by the Principal Secretary (P.W.D.) and the Executive Engineer, Public Works Department, Lansdowne, Pauri Garhwal district.
3. In the counter-affidavit, filed by the Executive Engineer, Public Works Department, Lansdowne, it is stated that the Lansdowne-Dumela pedestrian road falls under the control of Station Headquarter, Garhwal Rifle Regiment Centre; for construction of the same, a 'No Objection Certificate' is required to be issued by the Station Headquarter, Garhwal Rifle Regiment Centre; consequently, letters dated 28.11.2015 and 16.07.2019 were sent from the office of the Executive Engineer; by letter dated 04.03.2017, the Station Headquarters, Garhwal Rifle Regiment Centre was requested for a 'No Objection Certificate' for initiation of construction work of the said road; till date no such permission has been issued; and it is only because a 'No Objection Certificate' was not issued by the authorities concerned, could no further steps be taken for construction of the pedestrian road.
24. The stand of the Executive Engineer, Public Works Department, Lansdowne, is that the construction of the road can only commence on an 'NOC' being issued by the Station Headquarter, Garhwal Rifle Regiment Centre. The Station Headquarter, Garhwal Rifle Regiment Centre has not even been arrayed as a respondent in the Writ Petition and, consequently, no direction can also be issued to them.
5. Since the stand of the respondents herein is that the construction of the road can only commence on and after a 'No Objection Certificate' is issued by the Station Headquarter, Garhwal Rifle Regiment Centre, it is only if a 'No Objection Certificate' has been issued to them, can they then by faulted for not commencing construction.
6. Suffice it, in such circumstances, to permit the petitioner to make a representation to the Station Headquarter, Garhwal Rifle Regiment Centre for grant of a 'No Objection Certificate'. Needless to state that, in case, such a 'No Objection Certificate' is issued, the respondents herein shall thereafter consider the feasibility of laying the said road.
7. With the aforesaid observations, the Writ Petition is disposed of. No costs.
(Alok Kumar Verma, J.) (Ramesh Ranganathan, C. J.) 27.11.2019 27.11.2019 NISHANT