VINESH KUMAR SANGHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has filed this instant public interest petition against the proposed construction to be made by the Nagar Palika Parishad, Mussoorie pursuant to the advertisement dated 19th July, 2009, published in the local newspaper `Mussoorie Times'. It is alleged that the proposed construction of shops, Marketing Complex and Parking lots, was in violation of the Uttar Pradesh Urban Planning and Development Act, 1973 and the Forest Conservation Act, 1980 as well as against the various orders passed by the Supreme Court of India particularly in the matter of T.N. Godavarman's case. The Nagar Palika Parishad filed their counter affidavit initially justifying the stand that the proposed construction was required in order to locate and relocate the hawkers who were peddling their goods and wares on the Mall and that there was a need to rehabilitate them. Subsequently, the Executive Officer of the Nagar Palika Parishad has filed an affidavit today alleging that the Nagar Palika Parishad has taken a policy decision to withdraw all the proposed construction as per the impugned advertisement dated 19th July, 2009. The Executive Officer was asked to place the policy decision of the Nagar Palika Parishad and on this, the Court was informed that the matter would be placed before the Nagar Palika Parishad in its next meeting to be held on 26th October, 2010, where a formal proposal would be passed. The Court is constrained to observe that a false affidavit has been filed by Shri Rohtash Sharma, Executive Officer of the Nagar Palika Parishad, Mussoorie. When there is no resolution of the Nagar Palika Parishad, the Executive Officer on its own, has no power to withdraw the advertisement nor does he have the power to make a statement that the Nagar Palika Parishad has taken a policy decision.

(3.) Since a statement has been made by the learned counsel for the petitioner that the impugned advertisement will be withdrawn by the Nagar Palika Parishad, we accordingly dismiss the writ petition, and in the event, the advertisement is not withdrawn by the Nagar Palika Parishad in its next meeting to be held on 26th October, 2010, it would be open for the petitioner to file a recall application immediately.