Disposed

Vinita Negi v. State of Uttarakhand

Uttarakhand HC9 Mar 2022WPPIL/24/2022

Case brief

AI extract

What is this about?

Single judge disposed of a PIL challenging eco-park construction in Indira Nagar Colony, Dehradun. Petitioner directed to file representation. Authorities directed to decide on continuation of project within 21 days after hearing.

What did the court decide?

Petitioner to file representation before Secretary, Urban Development within one week; State to decide on project within 21 days; further construction may be stopped pending disposal.

Vinita Negi Vs State of Uttarakhand — Environment and Pollution | Uttarakhand HC (2022)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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SRI JUSTICE S.K. MISHRA, A.C.J. AND SRI JUSTICE R.C. KHULBE, J.

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0 9^th MARCH, 2022

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WRIT PETITION (PIL) No. 24 OF 2022

Between:

Miss Vinita Negi.

…Petitioner

and

State of Uttarakhand and others.

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…Respondents

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Counsel for the petitioner.	: Ms. Vinita Negi, the person.	petitioner-in-
Counsel for the respondent no. 1	: Mr. Pradeep Joshi,	the learned
and 2.	Additional Chief Standin the State of Uttarakhand.	g Counsel for
Counsel for the respondent no. 3.	: Mr. Ashish Joshi, the lear	ned counsel.

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Upon hearing the learned Counsel, the Court made the following

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JUDGMENT : ( per Sri S.K. Mishra, A.C.J.)

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We have carefully examined the matter at

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hand. The main grievance of the petitioner, who is a resident of Indira Nagar Colony, Dehradun, is that an eco-park is being constructed in an already existing park in the Indira Nagar Colony, Dehradun. The further grievance of the petitioner is that such construction of an

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eco-park will cause hindrance to the natural flow of water

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and, thereby, cause flashfloods and other ecological hazards.

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We have carefully examined the Annexures filed to the Writ Petition. It appears that the petitioner should be heard by the authorities concerned. It is also apparent from the records that the petitioner has failed to establish that she has brought all these grievances to the notice of the authorities concerned, i.e. the Secretary, Urban Development, Government of Uttarakhand and the Director, Urban Development Directorate, Dehradun.

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In that view of the matter, we dispose of the Writ Petition with a liberty to the petitioner to file a properly articulated representation ventilating all her grievances before the respondent no. 1, i.e. the Secretary, Urban Development, Government of Uttarakhand, within one week from today by annexing a certified copy of this order as well as a copy of the Writ Petition.

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In such an event, the respondent no. 1, i.e. the Secretary, Urban Development, Government of Uttarakhand, shall, after affording a reasonable opportunity of hearing and production of documents to

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the petitioner, and such other persons that may be concerned with the project, take a decision whether to continue the project, or to stop it, by passing a reasoned and speaking order within 21 days from the date of the filing of the representation, along with a certified copy of this order as well as a copy of the Writ Petition.

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We also observe that, since environmental question is raised in this case, till disposal of such representation, the State of Uttarakhand i.e. the Secretary, Urban Development and the Director, Urban Development Directorate, may, perhaps, consider stopping of further construction in their own wisdom.

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With the aforesaid observations, the Writ Petition is disposed of.

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In sequel thereto, all pending applications also stand disposed of.

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Urgent certified copy of this order be issued to the parties, as per Rules.

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A free copy of this order shall be provided to the learned counsel for the respondents for onward communication and early compliance.

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________________ S.K. MISHRA, A.C.J.

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____________ R.C. KHULBE, J.

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Dt: 09^th March, 2022 Rahul

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Vinita Negi v. State of Uttarakhand

Case brief

What is this about?

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Vinita Negi v. State of Uttarakhand

Case brief

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