Uttarakhand High Court
Prof Ajay Singh Rawat vs Union Of India & Others on 13 July, 2015
Bench: Alok Singh, Servesh Kumar Gupta
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. C.D. Bahuguna, Senior Advocate, senior most member of the Committee
of Advocate Commissioners with Mr. Hari Mohan Bhatia and Mr. Siddharth
Jain, Advocates, members of the Committee of Advocate Commissioners.
Mr. M.C. Pande, Senior Advocate as Amicus Curiae 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.
Coram :Hon'ble Alok Singh, J.
Hon'ble Servesh Kumar Gupta, J.
Hon'ble Alok Singh, J. (Oral) Mr. A.S. Nayal, Divisional Commissioner, Kumaon/Chairman, Lake Development Authority, Mr. Deepak Rawat, District Magistrate, Nainital and Mr. Sirish Kumar, Secretary, Lake Development Authority are present in person. They have placed before us, for our perusal, different Government Orders issued from time to time, resolutions passed by the Lake Development Authority as well as Master Plan Map.
They have submitted that Zone-1 and Zone-2 were declared as landslide dangerous Zones by State of U.P. and after bifurcation of the State, by the State of Uttarakhand, as well, therefore, no construction of any nature is permitted in Zone- I and Zone-2 as well as within thirty meters from the water bodies i.e. Naini Lake as well as Sukhatal Lake. Further contended that no construction of any nature is permitted on the hill 2 slope area full of trees and in forest area. Further stated that neither any construction is permitted therein nor was permitted/sanctioned nor could have been sanctioned.
Mr. M.C. Pande, learned Senior Advocate (Amicus Curiae), Mr. C.D. Bahuguna, learned Senior Advocate, seniormost member of the Committee of Advocate Commissioners, Mr. H.M. Bhatia and Mr. Siddharth Jain, Advocates, members of the Committee of Advocate Commissioners, Mr. V.B.S. Negi, learned Addl. Advocate General, Mr. Subhash Upadhyaya, learned Chief Standing Counsel and Mr. Sandeep Kothari, learned counsel for the Lake Development Authority submitted that it is really painful that despite issuing various Government Orders, directions and resolutions and master plan, few powerful people have raised illegal constructions in Zone -1 and Zone - 2, and in the area covered by the trees and wild bushes and over the Sukhatal area as well as within the periphery of Sukhatal Lake. Further contended that due to heavy rains, all the illegal constructions made on the higher side of hills of Zone-1 and Zone-2 may come down/fall causing loss of human lives and properties situated on the lower/safe sides of various hills of city of Nainital.
There is no dispute that Zone - 1 and Zone -2 are declared as dangerous zone prone of landslide. Therefore, we cannot permit either the Lake Development Authority or the District Administration or anybody to allow the construction in Zone - 1 and 3 Zone - 2 and to play with the valuable lives of the people of this city. We are pained to note that few powerful people including few advocates, politicians and businessmen have raised illegal constructions in Zone-1 and Zone-2, forest area and water body known as Sukhatal Lake despite complete ban imposed by the Government, as indicated in various Government orders and Master Plan.
Divisional Commissioner, Kumaon, District Magistrate, Nainital and Secretary, Lake Development Authority have fairly stated that this Court may constitute a Committee to undertake spot inspection to find out the illegal constructions in Zone-1, Zone-2, in the areas full of trees and wild bushes as well as in Sukhatal water body catchment area. They further contended that Committee shall mark all the illegal constructions and people residing therein shall be evacuated/evicted therefrom without any undue delay so that in the event of heavy rains and landslide, there should not be any loss of life and property. Further contended that such marked illegal constructions shall be sealed forthwith and shall be demolished in the phase manner so that debris thereof may not cause any damage to the people and properties situated on the lower side of the hills in safe areas.
In the peculiar facts and circumstances of the case, as suggested by learned counsel appearing as mentioned hereinabove, as well as, as suggested by all the three officers, we constitute Committee of Mr. Deepak Rawat, learned District Magistrate and 4 Mr. Sirish Kumar, learned Secretary, Lake Development Authority to visit different spots immediately alongwith other officials and to mark the illegal constructions found standing in Zone -1, Zone -2, in the areas full of trees and Sukhatal Lake catchment area as mentioned in the master plan map. Committee thereafter shall evacuate/evict all the people residing therein and shall seal such illegal constructions. Such illegal marked constructions shall be demolished thereafter in phase manner, after giving short notices, in such a way that demolition may not cause any damage to other properties and people residing in the lower areas of hills i.e. in safe zone.
We direct the Senior Superintendent of Police, Nainital to provide such police force to the Committee consisting of learned District Magistrate and the learned Secretary, Lake Development Authority as they require for the purpose of spot inspection, evacuating/evicting the people therefrom and for sealing and demolition of illegal constructions. We trust and hope that learned Commissioner, Kumaon/ Chairman, Lake Development Authority shall supervise such operation and may issue such directions, as he may deem fit, for the purpose of carrying out marking, evacuating/evicting the people and sealing/demolition of such illegal constructions.
In the peculiar facts and circumstances of the case, we direct the Chief Secretary of the State to constitute a High Power Committee consisting of minimum three officers. One of them should be of the 5 rank of Principal Secretary, one Deputy Inspector General of Police and third, District Magistrate, Nainital to find out in whose tenure all these illegal constructions have come up and to recommend to the Government to take appropriate disciplinary action against such officers, who are found guilty in permitting the illegal constructions over the banned area. We hope and trust that learned Chief Secretary shall constitute such High Power Committee, in any case, within four days from today.
Few members of the Bar present in the Court room have raised grievance that due to heavy rains in last few days, electricity supply is interrupted and because of non-supply of the power, different water pumps are not working, therefore, city is not getting potable water.
We direct Commissioner, Kumaon Division/Chairman, Lake Development Authority to make immediate arrangements for supply of the electricity or to install heavy generators at the water pump stations so that water supply may be restored, in any case, within twelve hours. We are passing this direction keeping in mind that no citizen of this beautiful city of lakes may be deprived from potable water since water is one of the important components to survive.
At this juncture, we are informed by Mr. Deepak Rawat, learned District Collector and Mr. Sirish Kumar, learned Secretary, Lake Development 6 Authority that pursuant to the directions issued by this Court on 10.07.2015, they have visited Ward No. 7 as well as Sher Ka Danda and Sukhatal area and they have marked certain illegal constructions therein and have issued public appeal to vacate the premises immediately enabling them to seal and demolish illegal constructions. They further submitted that people are adamant not to leave the places, which are in dangerous zone. We permit them to use such force as they deem fit to evacuate/evict the persons therefrom. We further direct that learned Divisional Commissioner as well as learned District Magistrate shall not allow pumping out water from Sukhatal Lake, since it is shown as water body in the master plan map and is a main source of recharge of Naini Lake and to mark the boundaries of Sukhatal Lake immediately on the spot as per the master plan map.
List on 17.07.2015.
(Servesh Kumar Gupta, J.) (Alok Singh, J.) Dated 13th July, 2015 Avneet/