BIRBAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE respondents sanctioned the Tarikhet - Pipli - Majoorkhan motor road measuring 13 kilometers. The aforesaid motor road does not connect the three villages Sajgori, Pandhar and Chaukiya. Through the present writ petition filed in public interest, the petitioners claim connectivity of their villages Sajgori, Pandhar and Chaukiya with the aforestated motor road. It is the vehement contention of the learned Counsel for the petitioners that in case the proposed alignment suggested by the petitioners is accepted far less trees will have to be cut as would be necessary if the present sanctioned road is built.

(2.) BASED on the aforesaid assertion at the hands of the petitioners notice was issued to the respondents, in response to which a joint counter affidavit was filed on behalf of respondent Nos. 2 to 4. The proposal made by the petitioners is sought to be repudiated by asserting, firstly, that the villages with which the proposed alignment is sought are located at a higher altitude making the project impermissible, and secondly, that the State Government has sanctioned another road Tarikhet - Pipli - Soladar - Chamarkhan measuring 6 kilometers, which would provide the required connectivity, as has been sought through this petition.

(3.) ON the issue of trees liable to be affected by the construction of the 13 kilometer motor road, it has been asserted in paragraph 13 of the joint counter affidavit filed on behalf of respondent Nos. 2 to 4, that the State Government has received the appropriate sanction from the various department for cutting 878 trees, which would fall within the path of 13 kilometer road. As such, it is sought to be asserted at the hands of the respondents that the proposal suggested by the petitioners is not only impractical, but also needless, in the facts and circumstances of this case.