Gurvinder Singh Chaddha vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Heard Mr. Dushyant Mainali, learned counsel for the petitioner and Mr. S.S. Chaudhan, learned Dy. Advocate General for the State of Uttarakhand and, with their consent, the writ petition is disposed of.

The petitioner has invoked the jurisdiction of this Court, in larger public interest, seeking a writ of mandamus commanding and directing the respondents to take immediate effective steps to restore the natural course of the River Ramganga which has been obstructed and endangered by dumping of huge amount of muck generated from the construction of Gagas-Udimahadev- Selapani- Bhikiyasain- Marchula Motor Road in District Almora; a writ of mandamus commanding and directing the respondents to immediately remove the entire muck collected and lying, inside and along with, the river Ramganga, and to transport the entire muck to the earmarked and designated dumping yards; a writ of mandamus commanding and directing the respondents to immediately restore the river pattern of Ramganga in its natural position, which has been diverted and blocked by the dumping of Muck; a writ of mandamus commanding and directing respondent No. 4 & 5 to monitor and ensure that no muck is further dumped into the river with respect to the rest of the un-constructed patch of the motor road project.

In the counter affidavit filed on behalf of State Government, by the Executive Engineer, Provincial Division, Public Works Department, Ranikhet, District Almora, it is stated that preliminary sanction for construction of a total length of 40 Km. of road was granted, out of which 13.84 hectares was transferred by the Forest Department to the Public Works Department; after a detailed survey, and preparation of design, the actual length of the said Motor Road came to 35.75 Km.; the present writ petition is confined only to 12.00 Km; in the estimates, the cost of Muck Disposal from 01.00 Km. to 12.00 Km. motor road is Rs.35,54,841.00; the total amount prescribed for muck disposal would be utilized for carrying the muck, for its proper disposal, to the prescribed area; out of a total 1,87,500.91 cubic meters of muck generated, 187302.91 cubic meter of muck was disposed of, at the specified places, as per the consent of the local residents of the villagers; the remaining muck of 198 cubic meters, which is in the slope of 80-82 degree, including boulders, would fall in the river; and, since the muck is in the solid form of rocks/boulders, the same would not pollute/mess up the water of the River.

When we asked Mr. S.S. Chauhan, learned Dy. Advocate General as to the justification for permitting the muck, generated because of construction of the road, being thrown in the river, without its being cleaned from the River and taken to the identified disposal sites, Learned Dy. Advocate General sought time to obtain instructions.

Today, the learned Deputy Advocate General, on written instructions, would submit that this generated muck of 198 cubic meters, which has fallen in the river Ramganga, would be cleared; and it would be lifted and utilized for erecting walls adjoining the roads. When we asked him regarding the time frame within which the muck, thrown into the river Ramganga, would be removed and the River cleaned, Learned Dy. Advocate General would submit that the entire muck would be removed and transported to the construction site, to be utilized for construction of walls, at the earliest and, in any event, on or before 30th November, 2019.

Recording the submissions of Mr. S.S. Chauhan, learned Deputy Advocate General, on written instructions, that the muck of 198 cubic meters, which was thrown in the River Ramganga, would be removed from the river bank and transported to the construction site, the writ petition is closed. No costs.