SURATMANI PALIWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present PIL has been filed seeking a direction to constitute a Special Investigation Team (SIT), with regard to the embezzlements done by respondent 11 during his tenure as Village Pradhan of Village Panchayat Kwili, Post Magron, Tehsil Devprayag, District Tehri Garhwal, with a further direction to the respondents not to construct Moltha-Nekhri Motor Road, by deforestation, in between Panghat - Talli Machhiyari, since a civil land was available for the said purpose.

(2.) After notice of this Petition, a counter affidavit dtd. 14/8/2020 has been filed by the Assistant Engineer, Temporary Division, Public Works Department. In this affidavit, it is stated that the Government has approved the motor road in the constituency of Devprayag from Kwili to Nekhari, along from Macchiyari (approximately 8 km in 1st Phase) vide Government Order dtd. 29/2/2016, for which approval has been obtained by the administrative level. Vide letter dtd. 30/8/2016-Annexure No. CA-2, sanction has been given by the Superintending Engineer, and vide letter dtd. 2/9/2019-Annexure No. CA-3, approval has been obtained from the Ministry of Environment Forest and Climate Change, Government of India.

(3.) Another counter affidavit has been filed by the District Panchayat Raj Officer, Nainital dtd. 1/9/2020. With regard to the allegations of embezzlement, vide letter dtd. 4/7/2020-Annexure No. CA-2, a direction has been given by the Director, Panchayat Raj to the District Magistrate, Tehri Garhwal to constitute a District Level Committee for doing inquiry.