Uttarakhand High Court
Devesh Upreti vs State Of Uttarakhand & Others on 9 January, 2014
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (PIL) No. 10 of 2014
Devesh Upreti ... Petitioner
Vs
State of Uttarakhand & others ... Respondents
Mr. Devish Upreti, (in person), present for the petitioner
Mr. Ashish Joshi, Brief Holder, present for the State of Uttarakhand.
Mr. P.S. Saun, Standing Counsel, present for the Union of India/respondent No. 5.
Hon'ble Sudhanshu Dhulia, J. (Oral)
In this Public Interest Litigation (PIL), the petitioner who is present in person before this Court has raised an important issue, which is a matter of concern to all who reside in Uttarakhand. According to the petitioner, the Government of Uttarakhand has entered into an agreement with respondent No. 4 i.e. Ultratech Cement Company Ltd. for opening a Cement factory in Tyuni in the Garhwal Division and another Cement factory in Someshwar in the Kumaun Division.
According to the petitioner if these cement factories become operational it would cause a great environmental damage to air and water both.
State counsel has received notices on behalf of respondent Nos. 1, 2 and 3. For Union of India (respondent No.
5) notice has been received by its counsel. Issue notice to respondent No. 4. All the respondents shall file counter affidavits within a period of five weeks. While giving reply, the State of Uttarakhand in particular shall focus on these aspects, which are of concern.
(a) Whether any ecological study has been done of these two areas where Cement factories are proposed? What would be the environmental effect in these areas and what are the measures the Government proposes to follow in order to check or minimize the damages, if any?
2(b) Whether any sociological study has been done in these areas, such as the fall out of these factories on the life pattern of people who reside in Tyuni and Someshwar?
(c) Whether such a factory be built on the existing infrastructure of the area, that is road, electricity, water?
(d) How does the Government proposes to manage the heavy traffic of trucks and vehicles which will be a natural consequence in a Cement factory, keeping in mind that these factories are in a hill area?
(e) Whether these projects also call for felling of trees and removing of the forest cover, and if it does, how does the Government propose to deal with it, considering the Forest Laws and the Conservation Laws, which are in force in the State of Uttarakhand?
List this petition on 19.02 .2014 in the daily cause list before the appropriate Bench.
Accordingly, urgency application (No. 69 of 2014) and stay application (No. 308 of 2014) are disposed of.
(Sudhanshu Dhulia, J.) Vacation Judge 09.01.2014 Aswal