Uttarakhand High Court
Prof Ajay Singh Rawat vs Union Of India & Others on 9 April, 2015
Bench: Alok Singh, Servesh Kumar Gupta
1
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (PIL) No. 31 of 2012
Prof. Ajay Singh Rawat .....Petitioner
Versus
Union of India and others .....Respondents
Mr. Rajeev Singh Bisht, Mr. Shobhit Saharia, Advocate for the petitioner.
Mr. V.B.S. Negi, Additional Advocate General assisted by Mr. Subhash
Upadhaya, Chief Standing Counsel for the State.
Mr. D.S. Patni and Mr. Ajay Singh Bisht, Advocates for Municipal Board,
Nainital.
Mr. Sandeep Kothari, Advocate for the Lake Development Authority.
Mr. C. D. Bahuguna, learned Senior Advocate/ Head of the Committee of
Advocate Commissioner.
Coram :Hon'ble Alok Singh, J.
Hon'ble Servesh Kumar Gupta, J.
Hon'ble Alok Singh, J. (Oral) Despite our earlier orders, no affidavit has been filed either by the Municipality or by the Lake Development Authority or by the State Government to clarify as to how municipal waste/city garbage is being segregated and is being dumped.
On the next date of hearing, the Executive Officer, Municipality, Nainital, the Secretary, Lake Development Authority and the District Magistrate, Nainital shall remain present before this Court to make statement as to how organic-inorganic-medical- municipal waste is being segregated and as to how and where same is being disposed of. They shall also make statement as to how sewerage waste/water is being treated and disposed of.
No concrete proposal has been placed before us as yet about the sterilization of the stray dogs, apes and monkeys and to control their population. We direct that in the case of dog biting, victim of dog biting shall be paid compensation of Rs. two lacs, 2 Rs. one lac by the Municipality and Rs. one lac by the State Government, within a week from the date of dog biting. We further direct that in the case of ape and monkey biting, the victim shall also be paid Rs. two lacs by the State Government.
It has been brought to our notice that in the district of Nainital, which includes Nainital City, Haldwani, Ramnagar and Lal Kuan, stray cows and bulls are attacking people and the District Administration as well as the Municipality concerned has failed to provide shelter homes. Therefore, we direct that in the case of simple injury caused by stray cows or bulls, victim shall be paid the compensation of Rs. one lac (out of which Rs. Fifty thousand shall be paid by the Municipality concerned and Rs. Fifty thousand shall be paid by the State Government) and in the case of serious injury caused by stray cows and bulls, victim shall be paid Rs. two lacs (out of which Rs. one lac shall be paid by the Municipality concerned and Rs. one lac by the State Government).
Mr. V.B.S. Negi, learned Additional Advocate General, submitted that State Government shall issue appropriate directions to all concerned to provide shelter homes/kanji house for stray dogs, apes, monkeys, cows and bulls and to take all possible steps to stop attacking by the stray dogs, apes, monkeys and stray cows or bulls.
It is reported by the Committee of Advocate Commissioners that place was reserved to park the garbage trucks of the Municipality on Haldwani Road, however, same is under illegal occupation of few employees of the State Government as well as the Municipality and garbage trucks are being illegally parked in the mid of the City at old Ghora Stand 3 opposite State Bank of India. It is also reported that there was another old Ghora Stand near Anda Market, which has been illegally allotted/declared free hold by the Municipality in the name of a person who is the father of an employee of the Municipality. It is also stated by the Committee of Advocate Commissioners that few Government/Municipality employees are in illegal possession of the public properties and in case public properties are got vacated from their illegal and unauthorized possession, same may be allotted to the eligible serving employees or may be utilized for public utility purposes, like parking and public toilets.
We direct the District Administration as well as the Municipality to take immediate appropriate steps to get vacated all the public properties and parking places from unauthorized/illegal possession of the ex- employees or their family members.
Mr. V.B.S. Negi, learned Additional Advocate General for the State and Mr. D.S. Patni, learned counsel for the Municipality, shall place on record list of the unauthorized occupants over the municipal/Government properties even after their retirement. They shall also indicate in the affidavits as to what steps have been taken so far to get the properties vacated.
It is further reported by the Committee of Advocate Commissioners that there is no parking place for the local people and if local people go to park their vehicles in the parking allotted/reserved for tourist vehicles, they have to pay heavy parking charges for every turn.
Mr. V.B.S. Negi, learned Additional Advocate General appearing for the State, Mr. D.S. Patni, learned counsel appearing for the Municipality and 4 Mr. Sandeep Kothari, learned counsel appearing for the Lake Development Authority, submitted that appropriate steps shall be taken immediately to provide parking facility to local people or to issue annual pass on concessional rate to park their vehicle in reserved parking. They further submitted that all the public properties given on lease may be got vacated for the purpose of public parking or other public utility services keeping in mind higher public interest in comparison to personal business interest of the lessee.
Mr. C.D. Bahuguna, learned Senior Counsel, Senior Member of the Committee of Advocate Commissioners, stated that heavy vehicles, buses and trucks are being plied on Mall Road, which should be banned immediately.
We direct that Mall Road shall not be allowed to be used for parking purpose and no heavy vehicle shall be allowed to pass through Mall Road 24 x 7. Only Army trucks, Police trucks, ambulances and mini trucks carrying Mother/Aanchal dairy milk may be allowed to use Mall Road, that too before 08:00 A.M. Since, all the gas godowns and running petrol pump are on Kaladhungi Road, therefore, trucks carrying gas cylinders or tankers carrying petrol/diesel shall not be allowed to use Mall Road and they can come via Bara Patthar Road.
Mr. Sandeep Kothari, learned counsel appearing for the Lake Development Authority, submitted that as on day, no construction is being permitted without sanctioned map. He further assured us that if any construction is found being raised without there being any sanctioned map or in violation of sanctioned map, 5 same shall be stopped and construction shall be sealed immediately.
Mr. V.B.S. Negi, learned Additional Advocate General appearing for the State, Mr. D.S. Patni, learned counsel appearing for the Municipality and Mr. Sandeep Kothari, learned counsel appearing for the Lake Development Authority, assured us that appropriate steps shall be taken to carry out cleaning in the Naini Lake today itself.
IA No. 1497 of 2015Ms. Seema Sah, learned counsel appearing for the applicant, undertakes that Alka Hotel has started removing the unauthorized construction raised over nala and remaining unauthorized construction shall be removed within next one month, therefore, time may be extended for one month.
Order accordingly.
IA stands disposed of accordingly.
WPMS No. 2511 of 2014Mr. Ajay Singh Bisht, learned counsel appearing for the Municipality, submits that supplementary affidavit shall be filed by the Municipality indicating therein the steps taken in the matter on or before the next date fixed.
On the joint request, list on 23.04.2015.
(Servesh Kumar Gupta, J.) (Alok Singh, J.) Dated 9th April, 2015 Avneet/-