RAKSHIT JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This petition is a public interest petition filed by a practicing lawyer before this Court. He has raised concern about violations of environmental laws, at the hands of the private respondents, as well as violations of the orders of this Court as well as of Allahabad High Court, which were for the protection of "bugyals" in Uttarakhand. These orders, inter alia restricted human activities on a "bugyal" in Uttarakhand. We will shortly discuss as to what is a "bugyal".

(2.) The cause of action for filing the PIL according to the petitioner, came because the Government of Uttarakhand had given permission to respondent nos. 12 and 13 to hold wedding ceremonies of their sons at "Auli", in District Chamoli, Uttarakhand. The case of the petitioner is that where the wedding ceremonies, reception and a whole lot of other activities are to take place, is a "Bugyal" and activities of this nature, at such a large scale, cannot be permitted on a Bugyal, which is an eco sensitive place. "Bugyal" is the name given in Uttarakhand for Alpine meadows. A "bugyal" is a soft grass cover on land, high up in the mountains, beyond the tree lines, and is an ecosystem in itself.

(3.) It is true that what was to take place at "Auli", or rather what eventually took place there was not a simple wedding or a ceremony. It was a mega wedding of members of a billionaire non-resident Indian family, and as per the newspaper reports it was in all a Rs. 200 crore lavish wedding event, or series of events, spread over a period of an entire week. It was to be attended by a large numbers of guests, including Movie celebrities.