RAMA N. GOUDA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This Intra-Court appeal seeks to call in question a learned Single Judge's order dtd. 5/4/2023 whereby appellant's W.P.No.101836/2023 (GM-RES) has been negatived. Two principal prayers made in the writ petition run as under:

(2.) Learned counsel appearing for the appellants in his usual attractive style argues that several contentions taken up before the learned Single Judge have not been adverted to in the impugned order; the reasoning of the learned Single Judge that the petition not having been filed in PIL jurisdiction, no relief of the kind can be granted, is faultsome; the appellants had ventilated their own rights and are not espousing any public interest; deforestation and damage to environment and ecology that are happening in and around the residential area of the appellants violate their right to life guaranteed under Articles 21 of the Constitution of India as broadly interpreted by the Apex Court. So arguing, he seeks allowing of the writ appeal and grant of petition prayers.

(3.) Learned advocates appearing for the other side resist the appeal succinctly contending that: The area wherein the accomplishment of defence project has been undertaken is miles away from the residential place of the appellants; already the project has been completed and the same is of enormous defence interest of the country; very belatedly, the petition was filed by the appellants, and no explanation is offered for the long delay brooked; any project of the kind may involve some prejudice to the forest, ecology & environment, which is inevitable; public interest overrides the arguable private interest; no legal right of the appellants is infringed, much less mutilated; petition lacked bonafide and appeal too is devoid of it. So contending, they seek dismissal of the appeal.