The Uttarakhand High Court issued notice on a Public Interest Litigation (PIL) seeking direction commanding the respondent District Magistrate, Mining Officer, Forest Department as well as the State of Uttarakhand to undertake minar bandi in and around Salan Gaon in Panchayat Bhagwantpur.
The Petitioner further seeks direction commanding the respondents to clearly demarcate the existing number of trees, the status of their protection, the permissible limits of mining, if any is permitted and to undertake steps to rejuvenate the depleting water springs that are now almost totally lost in the ecologically fragile region of Salan Gaon in Panchayat Bhagwantpur and commanding the respondents to coordinate with the private respondents to periodically assess the status and alleged compliance of the clearances given for mining and tree felling/ lantana in Salan gaon of Panchayat Bhagwantpur.
The petitioner has brought forth this petition in public interest to bring to light alleged illegal mining and cutting of forest trees by the private respondents.The petitioner has placed on record documents from which the Court noted that private respondent was subjected to penalty of Rs.1,89,300/- after he was found to be indulging in illegal mining, on the basis of the report of the Tehsildar, dated 20.04.2023.
The petitioner has placed on record E-challan for Rs.1,89,300/-, which was the penalty imposed on the private respondent . Despite that being the position, private respondent was granted permission by the District Magistrate, Dehradun on 12.06.2023 to level the land claimed by him, and construction of retaining wall.
The Gram Panchayat, Bhagwantpur, Dehradun, has been complaining about the conduct of private respondent , as aforesaid, but no action has been taken on those complaints.
The petitioner has placed on record complaint dated 19.06.2023, which alleged that 759 trees were recorded in the records of the Forest Department, in the area, but on the site, there was none.
On 24.06.2023, a communication was issued to the District Mines Officer from the office of the District Magistrate, stating that when , the Mines Inspector, District Dehradun, visited the site to carry out inspection, and he was making a videograph, there was scuffle and his mobile phone was snatched by the persons at the site.
The petitioner has also placed on record photographs of the operations being undertaken by the private respondents, which show the deployment of JCB machines. From the photograph , the Court noted that the area in question has been denuded of all vegetation, and it also shows thick vegetation around the area whereon the private respondents are carrying out their activity.
S.N. Babulkar, Advocate General submitted that the Petition is an abuse of process of the Court, and the petitioner has no locus standi in the present writ petition, and the same does not accord with the view of the Supreme Court in “State of Jharkhand vs. Shiv Shankar Sharma & others, 2022 SCC OnLine SC 1541”. The petitioner has to explain from where she has accessed the documents from the Government record, which have been filed in the record along with the petition.
The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal dismayed to notice that the State, rather than coming forth and stating that the grievance raised in the petition would be examined, and auctioned, and a report placed before the Court, is stoutly opposing even issuance of notice in the petition.
“Prima facie, the petitioner’s grievance appears to be justified, and in case, we do not entertain this petition, and reject the same at this stage, we would be failing in our constitutional duty.”
The Court therefore, is not inclined to dismiss this petition at this stage.
The High Court directed the respondent authorities to file their counter-affidavit within two weeks.
The counter-affidavit should specifically state as to what action has been taken on the complaints brought on record, which have been filed, not only by the Garm Panchayat, but also by the office of the District Magistrate. Further the Court directed that, in the meantime, the Mines Officer, Dehradun, shall carry out inspection, if necessary, with the aid of police force, and shall ensure that no illegal activity is carried out by the private respondents.
The matter is listed on 05.09.2023 for further hearing.