Prof. Ajay Singh Rawat & Others vs Union Of India & Others

Sudhanshu Dhulia, J

All these writ petitions are in the nature of Public Interest Litigation. The common factor in these petitions is that they all raise concern regarding either lack of public amenities in Nainital or have raised an issue with which the general public is concerned. The main writ petition, however, is Writ Petition (PIL) No. 31 of 2012 "Professor Ajay Singh Rawat vs. Union of India & others", and we shall refer to the facts of this writ petition only i.e. Writ Petition (PIL) No. 31 of 2012 in our order, except when it is specifically required. By our present order though we propose to deal with the other issues as well raised in the remaining writ petitions.

The Public Interest Litigation i.e. Writ Petition (PIL) No. 31 of 2012 has been filed by the petitioner who is a former professor of Kumaon University and a public intellectual. He has raised an important concern i.e. the unauthorized and dangerous construction activities being carried out by the builders in the "green-belt" area of Nainital, an area which, according to him, is home to hundreds of green trees of various species and it is alleged that these illegal construction activities are not only in violation of the building laws but are also harmful to the ecology, in one way or the other. Moreover, some of these activities are being carried out in the "prohibited zones" in the town of Nainital, a place which has been declared as geologically unstable and ecologically sensitive area.

The petitioner hence made the following prayers:-

"(i). To issue a writ, order or direction in the nature of mandamus, commanding the respondents to immediately declare the entire Nainital region as an 'Eco-Sensitive Zone', as recommended by the Expert Committee of the Ministry of Environment and Forest, Government of India, in the year 2003.

(ii). To issue a writ, order or direction in the nature of mandamus, commanding the respondents to functionalize the District Disaster Management Authority and to channelize the sanction of all the developmental and construction plans through it, fixing strict accountability on its officials.

(iii). To issue a writ, order or direction in the nature of mandamus, commanding the respondents to immediately take strict measures for the clearance of construction over the recharge zones of Naini Lake, like inside the shoreline of Sukhatal, and to take other remedial measures for mitigation of the damage caused by the illegal and unplanned construction and development activities.

(iv). To issue a writ, order or direction in the nature of mandamus, commanding the respondents to immediately stop all the non-forest dangerous activity by plying illegal horses in the catchment area of Naini Lake and further to remove all the illegal encroachments and filth of horse-dung from the forest area."

It may be necessary to mention here that it was on the initiative of the present petitioner that as far as back in the year 1993, a public interest litigation was filed before the Hon'ble Apex Court Dr. Ajay Singh Rawat vs. Union of India & Ors., Writ Petition No.694 of 1993 decided on March 9, 1995. [(1995) 3 SCC 266], in which directions were given to the State Authorities, with the purpose to check the uncontrolled and unauthorized construction in Nainital and to save Nainital lake. These directions were contained in paragraph no.7 of the judgment, which is reproduced as under:-

"7. We have duly considered the findings of the Commissioner and his recommendations. According to us, there cannot be two opinions about some preventive and remedial measures to be taken on war footing, as any delay would cause further degradation and complicate the matters. In our considered view, the following steps deserve to be taken urgently:

(i) Sewage water has to be prevented at any cost from entering the lake.

(ii) So far as the drains which ultimately fall in the lake are concerned, it has to be seen that building materials are not allowed to be heaped on the drains to prevent siltation of the lake.

(iii) Care has been taken to see that horse dung does not reach the lake. If for this purpose the horse-stand has to be shifted somewhere, the same would be done. The authorities would examine whether trotting of horses around the lake is also required to be prevented.

(iv) Multi-storeyed group housing and commercial complexes have to be banned in the town area of Nainital. Building of small residential houses on flat areas could, however, be permitted.

(v) The offence of illegal felling of trees is required to be made cognizable.

(vi) Vehicular traffic on the Mall has to be reduced. Heavy vehicles may not be permitted to ply on the Mall.

(vii) The fragile nature of Ballia Ravine has to be taken care of. The cracks in the revetment of Ballia Nala have to be repaired urgently."

Many years later conditions in Nainital have reverted back to a stage where it is urgently felt that directions need to be given from this Court to control the unauthorized construction, the vehicular traffic menace, etc, in Nainital.

The present PIL has been pending before this Court since 2012 and considering that the people of Nainital had an immediate concern with the issues raised in this writ petition, we have been receiving multiple applications from various stakeholders for redressal of their grievances. Other writ petitions in the form of PIL, referred above, have also been filed meanwhile and marked to this Court, as they all relate to Nainital, in one way or the other. All these petitions have been connected with the main petition i.e. Writ Petition (PIL) No. 31 of 2012 (Professor Ajay Singh Rawat vs. Union of India & others). Our attention was drawn from time to time to other problems as well which were being faced in Nainital, such as, removal of encroachments, uncontrolled and unmanageable traffic menace in Nainital, menace of stray dogs in the lake city, etc. Our orders on such matters invariably resulted in a reaction from those who were affected by these orders. In dealing with all these multiple and varied problems which undoubtedly concerned general public, we nevertheless regret that we could not give as much time as we ought to have, given to the important issues raised by the petitioner in this petition. We propose to deal with this now toward the end of this order.

As referred above, we have been dealing with many issues from time to time and orders have been passed in that regard. But as we are presently disposing of this matter with certain directions, we propose to outline the various issues which have been raised in this case and the progress, or the lack of it, made by the Administration in these areas.

A. Preparation of the master plan of Nainital.

This Court vide its order dated 22.08.2013 had sought information from respondent no. 4 (Secretary, Ministry of Urban Planning and Development, Dehradun) as to what steps have been taken by the Government for the preparation a new master plan of Nainital, which was long due. On 22.10.2013, the learned Advocate General informed the Court that the master plan for the year 2001-2011 has expired, but steps have been taken by the State Government for preparation of a new master plan. The Court was also informed that vide Government Order dated 19.12.2011, the validity of the existing master plan meanwhile has been extended.

In the compliance affidavit filed by the District Magistrate, Nainital dated 20.09.2018, it was informed that Order No.947 dated 06.09.2016 was issued for preparation of a new master plan and the physical survey has been done. The firm which was preparing the master plan has been provided digital base map which is being tested. We however, have received no progress report thereafter. Evidently, there is no master plan on record.

B. Preservation and sustainability of Nainital Lake and other lakes in the periphery of Nainital, such as, Sukhatal Lake.

On this subject orders were passed by this Court on the following dates i.e. on 17.06.2014, 26.06.2014, 03.07.2014, 24.07.2014, 31.07.2014, 22.08.2014, 28.08.2014, 25.09.2014 and 05.03.2015.

On 17.06.2014, the District Magistrate, Nainital and all the concerned parties were directed to inform the Court as to the steps taken for the preservation and sustainability of the water bodies in Nainital and other lakes in the periphery. The District Magistrate, Nainital in its compliance affidavit has said that their District Planning Report has been prepared for all the lakes. In the affidavit, it has also been said that for Bhimtal Lake, a plan has been made which requires an amount of Rs.161.13 lakhs. For Naukuchiyatal and Kamaltal lakes, an amount of Rs.229.34 lakhs is required and authorities have been approached for further action and disbursement of funds. With regard to Nainital Lake, on 23.08.2018, certain measures have been presented before the Commissioner, Kumaon by an Expert Committee, on which comments of Forest Department were sought. However, no final decision has been taken on this report. The Court has not been apprised as to what progress has been made in this regard uptil now.

C. Encroachment on roads and public places.

Orders were passed by this Court on 24.07.2014 and 31.07.2014, for removal of encroachment in Nainital, which was reported in several places. The reports which have been filed by the Administration, it has been said that 43 encroachments have been removed from Indira Market to China Baba Mandir and encroachment around Naina Devi Temple, Tibetan Market, New Palika Market. The report further says that there are other encroachments which have been identified and measures are being taken for the removal. However, no progress report on this has been made thereafter.

D. Encroachments from the submerged area of Sukhatal lake, as well as encroachment and illegal construction elsewhere in Nainital.

Directions were issued by this Court on the above aspect on 22.08.2014. In the compliance report, it has been stated that identification of encroachment from submerged area of Sukhatal, a Committee was constituted by the Commissioner, Kumaon on 20.08.2014 headed by Sri Rajeev Sah, Joint Director, Administrative Training Institute. The Committee conducted its survey and identified 44 illegal constructions and have sent a letter dated 17.06.2017 to the District Magistrate, Nainital. There is no progress shown by the Administration in this regard.

E. Illegal construction on the catchment area of Sukhatal lake and for eviction of occupants residing in Zone-1, Zone-2, (Sher Ka Danda, Ward No.7) and demolition of unauthorised construction in these areas.

Orders on the above subject were passed by this Court on 13.07.2015, primarily seeking response from the Government as to what it had done so far in these matters.

The State Government in response issued an office memorandum no. 1462 dated 27.08.2015 and thereafter an amended Office Memorandum No.1537 dated 09.09.2015 and constituted a Committee which was headed by Managing Director, Kumaon Mandal Vikas Nigam Limited for identification of danger zones as well as identification of the illegal construction in Sukhatal and adjacent area. The Committee has identified 361 illegal constructions in first phase from Sher Ka Danda, Ward No. 7, Maldan Cottage, Popular Compound, Chartan Lodge and Staff House. The proposal for rehabilitation of those identified was also made by the State Government. Further an Office Memorandum No. 1463 dated 27.08.2015 was issued, by which a Committee which was constituted under the chairmanship of the District Magistrate, Nainital for identification of land for the rehabilitation of affected persons. The Committee informed that the land at "Baluwakhan", measuring about 5.704 hectare has been transferred to Housing Department for rehabilitation of the oustees of these areas of Nainital. It has also been said that further progress is going on under the supervision of the Uttarakhand Housing and Urban Development Authority.

F. Direction for control of traffic and construction of additional parking places.

On 28.03.2016 and 27.04.2016, orders were passed by this Court for control of traffic and additional parking places. Since there are very few parking facilities in Nainital and the bulk of traffic which comes to Nainital is of the tourists in the hotels, who do not have enough parking space. The guests in these hotels are thus compelled to park their vehicles elsewhere, which generally is on the road side. This creates major parking problem in Nainital. Local residents too add to this problem by their similar action. In order to tackle this problem, order was passed by this Court on 03.07.2017, which was as follows:-

"This order may be read in continuity with the last order of this Court dated 14.06.2017.

In the present ongoing season, Nainital has witnessed a heavy tourist inflow, particularly a heavy vehicular inflow, at the peak of the season in mid June 2017. On a rough estimate, which has been disclosed before this Court by the Administration i.e. the District Magistrate, Nainital and the Senior Superintendent of Police, Nainital, more than 8,000 four wheeler light motor vehicles had crossed "Jeolikote", which is the mid point between Haldwani and Nainital and even if 50% of those vehicles had entered Nainital (as some would have stopped midway or taken a different route to other hill towns, such as, "Bhowali" or "Almora"), yet 4000 of such vehicles is far too many vehicles for Nainital at a given point of time. Nainital does not have the capacity for parking these numbers of vehicles taking into account all public and private facilities in Nainital. The maximum capacity of the main parking area at Flats is only of 250 vehicles but during season, the parking capacity is expanded to other areas of the Flats (which is the only available Flat ground in Nainital), it can under no condition be increased to more than 800 vehicles. There are other few smaller parking areas, which together have a capacity to accommodate 300 to 400 vehicles. Most of the hotels do not have a parking facility. We have been told that even such hotels which do have a parking facility, they do not have the parking facility to match their capacity of room accommodation. In any case, the entire hotels put together will have a parking facility between 500 to 1000 vehicles, at a very liberal estimate, and therefore, during the peak season in Nainital, more than 2500 vehicles were parked at public places at Nainital i.e. on road sides, outside hotels and residential areas causing massive traffic jam and immense inconvenience to the public, which continued unabated. The traffic jam and slow movement of vehicles along with the frequent burning of clutch plates in the hill terrain of Nainital, resulted in harmful fumes emanating from vehicles. Considering the topography of Nainital lake town which is surrounded on all four sides by mountains, the air and noise pollution caused by vehicular fumes, burning clutch plates, constant honking and cluttering of vehicles caused great inconvenience to tourists as well as to the residents of Nainital. Such a situation has perhaps never been witnessed in the past. We also take a judicial notice of all this.

This Court is already taking measures to have a long term plan for bringing an Intelligent Traffic Management system in Nainital, and negotiations are already on with Central agencies for preparation of a detail project report by experts, but until this happens, certain urgent measures need to be taken immediately to prevent a repetition of a situation, such as has been witnessed in June this year. The District Magistrate, Nainital Sri Deependra Kumar Chaudhary and Senior Superintendent of Police, Nainital Sri Janmejay Khanduri have also raised concern and agree that urgent measures need to be taken.

After having a consultation and discussion on this aspect with the District Magistrate, Nainital, the Senior Superintendent of Police, Nainital, learned counsel for the Municipal Board, Nainital, learned counsel for the Lake Development Authority and other stakeholders, we are of the opinion that following measures need to be implemented immediately:-

(A). The toll booth at Tallital on Mall Road from where the lake bridge fee is being collected shall be shifted to near "Hanumangarhi", to prevent traffic congestion in the heart of the city at Tallital. A police check-post shall also be established at "Baldiyakhan" to check the driving licence and other relevant documents of all vehicles, including two wheelers coming towards Nainital. Let this be done within three weeks.

Similarly in order to check the vehicular traffic from Kaladhungi road, the Administration shall make a check-post at "Narayan Nagar", but since as of now, there are no bye-laws for taking any kind of bridge tax or lake tax from this route, no authority is permitted to charge a fee. Let this also be done within three weeks.

(B). For verification of parking space in hotels, etc, a team shall be constituted by the District Magistrate, Nainital which will consist of following officers:-

(a) Additional   District   Magistrate, Nainital.

(b) Additional Superintendent of Police, Nainital.

(c) Executive Officer, Nagar Palika Parishad, Nainital.

The Committee would be at liberty to co-opt the services of any member of the Hotel Association or any other respectable person, who is a resident of Nainital. The team shall survey each and every Hotel, Home Stay, Guest House, Lodges registered or unregistered for the purposes to verify whether they have parking facilities or not. Hotels, Guest Houses, Lodges and Home Stays must have parking facilities for at least 50% of its resident. Meaning thereby, in case, the capacity of a Hotel is 10 rooms then it must have a facility of parking of at least 5 vehicles. Any Hotel, Guest House, Lodge, Home Stay having a lesser facility will be given a notice and an opportunity to make private arrangements for the necessary parking before the ongoing autumn season, and in case such conditions are not met within a stipulated time, the excess rooms are liable to be shut down or sealed.

All the same, this must be done after due notice is given to such Hotel, Guest Houses, Lodges and Home Stays and efforts must be made that Hotels, Guest Houses, Lodges, Home Stays make arrangement for parking facilities as far as possible within their campus, within a reasonable time, but before September 15, 2017.

It is made clear that our above order applies to all Hotels, Guest Houses, Lodges and Home Stays whether they are formally registered with the Authorities or not, as this Court has been informed that there are many Hotels, Guest Houses, Lodges and Home Stays, which are still not registered with the authorities under the law. For non-registration, the authorities would be at liberty to take an action against them in accordance with law, but presently since we are not concerned with this problem and the main problem is traffic control, we are, therefore, focusing on this issue and consequently we make our order applicable to all hotels, Home Stays, Guest Houses, Lodges, etc.

(C). The State Transport Authority as well as Regional Transport Authority are directed not to give any fresh permit to any vehicle to be used as "Taxi" or commercial vehicle for Nainital. Since a permit is given for the entire State of Uttarakhand or an All India Permit is given, it should clearly specify in bold letters that this permit would not be applicable to the city of Nainital. It is made clear that this restriction is only for further permit.

(D). The District Magistrate, Nainital as well as the State Authority i.e. Tourism Department are hereby directed not to grant any further permit under the Sarais Act or under the Travel Trade Registration Act, 2016 for the city of Nainital, until further orders of this Court.

List this matter on 10.07.2017."

But thereafter considering the difficulties of the Hotel Association and the remedial measures they promised to undertake, the orders passed by this Court for shutting down some of the rooms of these hotels were put in abeyance and the Hotel Association was asked to show alternative proposal to increase their parking area.

This Court was also of the view that a long term plan must be prepared by an expert body to control the traffic menace in Nainital. The Indian Institute of Technology, Delhi was requested by the authorities to undertake a study, who have proposed a traffic plan and report to this effect has been submitted before this Court.

G. Direction to the Municipality to submit the complete detail of pony and boat licenses.

Orders on the above subject were passed by this Court on 24.11.2015 and 17.12.2015. In compliance of this Court's orders, a report has been submitted in which it has been said that 222 boat licences have been issued and 94 permanent and 50 temporary licences for ponies have been issued. These licences must be limited.

Directions:-

We now dispose of the present writ petitions with the following directions:-

A. As regarding the master plan of Nainital, there is no reasonable explanation as to why the master plan has not been finalized as yet. The delay on the part of the Authorities is not justified. We therefore direct the respondent no. 4 i.e. Secretary, Ministry of Urban Planning and Development, Dehradun and other concerned departments and its related officers, including the Lake Development Authority, to prepare the master plan as expeditiously as possible as that is in the best interest of the State Authorities, since it cannot be postponed any longer. Since a considerable exercise has already been done in this area, as per the affidavits filed before this Court by the Government Authorities, we are of the opinion that six months time would be sufficient for the Government to complete the exercise and notify the plan. Let the master plan be prepared within six months from today.

B. Preservation and sustainability of Nainital Lake and other lakes in the periphery of Nainital, such as, Sukhatal Lake.

Apart from main Nainital Lake, there are other lakes in Nainital, such as, Bhimtal, Kamaltal, Sattal, Naukuchiatal, Khurpatal, Malwatal, Sukhatal, Sariyatal, etc.

The District Planning report has already been prepared which has plans for the preservation of these lakes. Let the same be implemented as early as possible.

C. Encroachment on roads and public places.

We direct the State Authorities and the District Administration to remove the encroachment, of which, they already have the details before them. The details of encroachment need not be given here as it is already contained in orders dated 24.07.2014 and 31.07.2014. The District Administration has assured this Court that encroachment will be removed. Let the same be removed as expeditiously as possible, unless already done by the District Administration.

D. Encroachments and illegal construction in the submerged area of Sukhatal Lake, as well as encroachment and illegal construction elsewhere in Nainital.

As regarding construction around Sukhatal Lake, the same is not permissible under the law. All unauthorized construction activities, presently in progress shall stop with immediate effect. Any unauthorized construction which is already there, the Lake Development Authority is given instructions to give notices to the occupants of these unauthorized premises, so that such structures be removed in accordance with law. It is made clear that it was brought to our notice more than one occasion, and inspite of clear instructions of this Court, unauthorized construction has been permitted around the water body of Sukhatal. In case an unauthorized construction is being carried out, such officers who have permitted these constructions shall be personally responsible, inter alia, for disobeying the orders of this Court.

We make it clear that the Court Commissioner Sri Anil Kumar Joshi who has been appointed by this Court would always be at liberty to apprise this Court of any violation of our orders so that a suitable action can be taken under the law against such responsible persons.

E. Illegal constructions in Zone-1, Zone-2, (Sher Ka Danda, Ward No.7) and demolition of unauthorized construction in these areas.

This Court's order dated 13.07.2015 clearly suggests that encroachment and unauthorized construction in Zone-1, Zone-2, Sher Ka Danda, Ward No. 7 and Sukhatal Lake catchment area has to be removed in public interest. There is a report of the Committee which shows that they have earmarked the land at "Baluwakhan" for rehabilitating these inhabitants. Let the same be done in accordance with law as expeditiously as possible.

This Court has been informed that similar sensitive and danger areas such as "Baliyanala" and other places have been identified by the Administration and steps have been taken for the rehabilitation of the inhabitants at these places.

F. Direction for control of traffic and construction of additional parking places.

Our order dated 03.07.2017 speak for itself. We need not elaborate on this any further. Let the plan submitted by the Indian Institute of Technology, Delhi be implemented as expeditiously as possible. We must though add that tourist seasons in Nainital is not limited to just summers but spring and autumn as well, apart from the regular weekends. Vehicular traffic during this period is huge and the lake town of Nainital has very few parking spaces. Government must give its urgent attention in this area. Apart from the implementation of the expert report, other suggestions must also be invited.

These are the immediate steps which need to be taken:

Creation of satellite parking places on the periphery of Nainital.

Immediate ban on all kinds of heavy vehicles in Nainital, except in an emergency.

New hotels should not be encouraged in Nainital, though the Government may encourage opening up of small hotels and home stays outside the lake town.

State must encourage small buses as public transport, having a capacity of 20 to 25 passengers only to ply between Haldwani/Kathgodam to Nainital. Similar from Bhowali to Nainital and from Kaladhungi to Nainital. Frequency of these public transports be increased.

The sanctity of "no parking zones" be maintained and strictly implemented.

The Upper Mall Road shall remain closed between 06:00 P.M. to 08:00 P.M., except when it is for urgent reasons to be done by reasons assigned in writing or other urgencies or religious festivals. This is also so in view of the Division Bench ruling of this Court in Neeraj Parihar vs. State of Uttarakhand & others (dated 16.02.2010), where the challenge before the Division Bench of this Court was to the order of the District Magistrate, Nainital who had put restraining order on all kinds of vehicular traffic over the Upper Mall Road during the entire year between 06:00 P.M. to 08:00 P.M. and during summer season between 06:00 P.M. to 09:00 P.M.

The Division Bench in its order dated 16.02.2010 observed that these restrictions have been operating in Nainital for the last many years. Finally, it dismissed the challenge of the petitioner against these restrictions on ground that it is ultimately for the benefit of public at large and these restrictions must operate. The Division Bench in its order dated 16.02.2010 observed as under:-

"The District Magistrate, Nainital has the jurisdiction to administrate the territory falling under his control, keeping in mind the best interest of all concerned. Not only now, for many years, hithertofore a similar restraint order has been in force in respect of plying of vehicular traffic on the Upper Mall Road. Since the Upper and the Lower Mall Roads are located in the same city where the seat of this Court exists, and since Nainital is a small city, we can take judicial notice of the factual position of the ground realities. The prime shopping area of the city of Nainital is located on the Upper Mall Road, it is a matter of common knowledge, that the entire tourists influx, as also of the residents of the area, is on the Upper Mall Road for two reasons, firstly, because of the commercial activity at the said spot, and secondly, because the beauty of the lake adjoins the Upper Mall Road. Even those not interested in shopping are found taking a stroll on the Mall Roads at all times of the day. The rush of pedestrians is all the peak during the period for which the restraint order has been passed. During this time people are found rubbing shoulders with one another on the Upper Mall Road. It is, undoubtedly, in the proper administration of the Upper Mall Road, that the instant order has been passed by the District Magistrate, Nainital. The said order is obviously in public interest. But, then one can not lose sight of the fact, that vehicular traffic is permitted on the Lower Mall Road, as also from other roads leading to the two ends where the Upper Mall Road begins, as also where it ends. Since the Upper Mall Road and the Lower Mall Road are connected throughout their lengths, and in fact, run parallel to one another, it is difficult to understand, the basis for the petitioner to have approached this Court for the relief in question. The averments made in paragraphs 5, 6 and 30 of the counter affidavit, filed on behalf of respondent no. 3, need a special mention. It has inter alia been pointed out therein, that the instant restraint order had been made, so as to avoid accidents on the Upper Mall Road, since tourists walk on the upper mall during the evening time. It is also pointed out in the counter affidavit, that the tourists from all over the country visit the spot throughout the year, and that there is rush on the Upper Mall Road at all times during the evening, more so during the summer season. For the reasons recorded hereinabove, we find no merit in this petition and the same is, accordingly, dismissed."

The Division Bench of this Court took a judicial notice as well, of the fact that restrictions between 06:00 PM to 09:00 P.M. during summer season and between 06:00 P.M. to 08:00 P.M., for the remaining year are in public interest.

In view thereof, we direct that the same regulations and restrictions must operate on the Upper Mall Road from henceforth. We make it clear that these restrictions shall remain. The District Magistrate may, however, make minor changes in the timings considering public interest in mind as and when it comes up before him.

Yesterday before this Court i.e. on 26.08.2019, a modification application being CLMA No.4407 of 2019 was filed by the applicant/Uttarakhand Power Corporation Limited saying that the order dated 03.07.2017 passed by this Court may be modified.

In our order dated 03.07.2017, we have made certain restrictions which have already been referred above. The restriction made by this Court at para (C) reads as under:-

"(C). The State Transport Authority as well as Regional Transport Authority are directed not to give any fresh permit to any vehicle to be used as "Taxi" or commercial vehicle for Nainital. Since a permit is given for the entire State of Uttarakhand or an All India Permit is given, it should clearly specify in bold letters that this permit would not be applicable to the city of Nainital. It is made clear that this restriction is only for further permit."

A practical difficulty has been shown by the applicant/Uttarakhand Power Corporation Limited that since 2017 the vehicles which they are using have become old and some of them are not fit for use any more and new permit is not being given.

We therefore delete the directions given in para (C) of our order dated 03.07.2017 and we substitute the same with the following:-

"The State Transport Authority as well as the Regional Transport Authority are directed not to give any fresh permit for taxi or commercial vehicle for Nainital, unless they are satisfied that the applicant is in urgent need of the same and the vehicle being used has become old and is unfit for plying on the said route."

G. Direction to the Municipality to submit the complete detail of pony and boat licences.

Our orders dated 24.11.2015 and 17.12.2015 are self-explanatory. Further no licence of pony as well as boat shall be given by the Authorities, unless it is urgently required.

As far as the main prayer of the petitioner in the present petition is concerned, we are of the view that the first prayer of the petitioner needs to be considered by the Ministry of Environment and Forests, Government of India, which shall consider whether on the basis of the report of their own Expert Committee of March, 2003 which is annexed as Annexure No. 7 to the writ petition, the entire Nainital region needs to be declared as Eco-Sensitive Zone. We make it clear that it is not a direction for a declaration as such. The order is merely for the Government of India to consider this aspect as this is based on the reports of its own Expert Committee. Let a decision be taken in this regard as expeditiously as possible.

Regarding the second prayer of the petitioner, we direct the Secretary Disaster Management, Government of Uttarakhand to reappraise the development or construction plans in Nainital and its outlying areas, and take appropriate measures in case any construction activity is in violation of the law.

As regarding the third prayer of the petitioner, we are also of the opinion that the Commissioner, Kumaon Division as well as the District Magistrate, Nainital and the Secretary, Lake Development Authority shall take all possible measures to see that no construction activity takes place inside the shoreline of "Sukhatal", and take all remedial measures for removing the unauthorized construction.

The District Magistrate, Nainital and the Senior Superintendent of Police, Nainital along with other concerned authorities shall take a stock of the traffic situation before coming of each season, as far as practical in the month of February itself, and prepare a traffic plan for control of traffic in Nainital, a plan which should cause as less inconvenience to the tourist, as well as to the residents of Nainital, but at the same time be effective. Consultation with IIT, Delhi be done, on regular basis, in this regard.

As regarding the preservation of Nainital Lake and other periphery region of Nainital, we have been informed that appropriate orders have already been passed by a Coordinate Bench of this Court, and therefore, we need not to pass any such order here.

In view of the observations and directions made above, Writ Petition (PIL) No. 31 of 2012 stands disposed.

Since the issue raised in the connected writ petitions are directly or indirectly related to the issue raised in Writ Petition (PIL) No. 31 of 2012, all the connected writ petitions stand disposed.

We direct the Registrar General of this Court to send a copy of this order free of cost to the District Magistrate, Nainital for onward compliance.