Jitendra Singh Chauhan vs State of Uttarakhand

Mr. D. Barthwal, Advocate for the petitioner. Mr. P.C. Bisht, Standing Counsel with Ms. Anjali Bhargava, Brief Holder for the State of Uttarakhand / respondents

Having heard learned counsel for the petitioner as well as Standing Counsel on behalf of the State, it transpires that Government promulgated a policy pertaining to picking up of river bed material (RBM) vide Government Order No. 1590/ VII-I/ 90-Kha/2016 dated 30.09.2016 wherein a detailed policy to the subject was notified. Pursuant to such policy, petitioner applied for picking up RBM in village Naugaon, Kamanda Patti South Moundarsyun, Khet No. 577, Tehsil Satpuli, District Pauri Garhwal and requested that he should be permitted to pick up the RBM in the area of 15000 cubic metre. District Magistrate vide letter dated 06.10.2016 called a report from concerned committee comprising of Sub Divisional Magistrate, Divisional Forest Officer, Geologist and Executive Engineer, Irrigation Department. Such committee offered its report vide letter 13.10.2016, which was completely in favour of the petitioner. So on the basis of such recommendatory report, District Magistrate vide his letter dated 17.12.2016 permitted

the petitioner to pick up the RBM subject to deposit of due charges to the tune of Rs. 7,48,400 plus 2% stamp duty, which he accordingly paid (Annexure No. 8 to the writ petition). Even further, District Magistrate vide order dated 20.12.2016, permitted the petitioner to lay / construct a temporary approach road for the object. As petitioner started his work, some nearby villagers objected the task. So, the District Magistrate wrote a letter dated 26.12.2016 to Joint Magistrate (Magistrate of the area) asking to verify whether the land belongs to Van Panchayat or there exists a forest of Khair wood. He also asked to make inquiry - whether residential area from such river bed is at a distance of 50 metres and national highway bridge is at a distance of 600 metres. Joint Magistrate accordingly carried out the investigation and submitted his report to the District Magistrate that although, area concerned was of Van Panchayat and previously, lease of such RBM was granted by Van Panchayat to one Sri Sunder Singh Chauhan on 19.08.2002 for 10 years but such Van Panchayat is now not in existence, for the reason that its tenure has ended way back in 2008 viz. 9 years ago. It is also remarkable that Sri Sunder Singh Chauhan is father of the present petitioner. He further reported that there is no forest of Khair wood, nay the residential area is at a distance of 40 metres from RBM area and the distance of national highway bridge is 1120 metre and not 800 metre.

Despite all such favourable reports of the authorities concerned, respondents are creating every hindrance and not permitting the petitioner to collect RBM.

I think that response of all the respondents is highly arbitrary and whimsical in nature. Writ petition is allowed. Petitioner shall feel no obstacle in picking up the river bed material. He shall pick up the river bed material from the area concerned, strictly as per terms and conditions of the

permission granted by the District Magistrate vide his order dated 17.12.2016.

Interim relief application no. 756 of 2017 and urgency application no. 390 of 2017 also stand disposed of accordingly.