27 May 2023 9:07 AM GMT
The Uttarakhand High Court has directed the State Government to ensure that no environmental degradation takes place while undertaking redevelopment works in and around the Badrinath Township.The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal directed so while dismissing a Public Interest Litigation (PIL) plea filed by one Subhash Sharma alleging that the state...
The Uttarakhand High Court has directed the State Government to ensure that no environmental degradation takes place while undertaking redevelopment works in and around the Badrinath Township.
The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal directed so while dismissing a Public Interest Litigation (PIL) plea filed by one Subhash Sharma alleging that the state government is conducting a massive demolition drive while undertaking redevelopment works in and around the Badrinath township.
In his plea, Sharma claimed that the Government is taking over the properties of the residents of the Badrinath Township without complying with any provision of law by the State and people are being rendered homeless.
It was also contended that the acquisition proceedings have not been undertaken under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013, to implement the project in relation to Badrinath Township.
On the other hand, the Advocate General submitted that the entire project was being undertaken with the consent of the residents of Badrinath Township, and they have been adequately compensated and also provided alternate accommodations, with which they are fully satisfied.
However, the bench, in its order noted that it was rather puzzling that not a single person, whose rights were adversely affected by the so-called execution of the dream project, had approached the Court. The Court also noted that the petitioner was not himself affected by the ongoing project in relation to Badrinath Township, as he is a resident of Dehradun.
"It is obvious that if redevelopment of Badrinath Township is being undertaken, there is bound to be demolition to clear the area for redevelopment for public services. For that purpose, the deployment of heavy machinery may be justified. There is no material placed before us by the petitioner, for us to infer that the ongoing activity is, in any way, detrimental to the environment of Badrinath Township," the Bench added.
However, before dismissing the plea finding it to be meritless, the Court directed the State government to ensure that while undertaking redevelopment works, all steps and measures are taken so as to ensure that there is no environmental degradation, in and around the Badrinath Township.
For the petitioner: Senior Counsel K. P. Upadhyaya assisted by Advocates Ravi Joshi and Hemant Pant
For UOI: Standing Counsel S.C. Dumka.
For the State: Advocate General S.N. Babulkar assisted by Deputy Advocate General S.S. Chauhan
Case title - Subhash Sharma vs. Union Of India [WPPIL No. 78 of 2023]
Citation: 2023 LiveLaw (Utt) 9
Click Here To Read/Download Order