SANJAY VYAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS is a writ petition purported to be one filed in public interest litigation jurisdiction. Petitioner in the space of the first paragraph of the writ petition seeks to justify his locus to approach this Court invoking the public interest jurisdiction, which reads as follows:

(2.) HE seeks to impugn two Government Orders dated 05.02.2000 and 31.07.2000 as ultra vires in regard to imposition of restriction on any type of activities within 200 meters from the banks of holy Ganges.

(3.) BRIEFLY put, the case of the petitioner is as follows: There was a Public Interest Litigation (PIL) No. 103 of 2011 to remove the constructions built in and after the year 2000 within 200 meters from the banks of river Ganges. The said writ petition was allowed by Annexure -2 judgment dated 26.02.2013. Therein, notices for demolition were issued not only to the private respondents, but also to general public at large on the basis of constructions having been made within 200 meters from the banks of river Ganges. It is stated that there are different towns on the banks of holy Ganges right from Uttarkashi till Kolkata. Different constructions; residential and commercial are existing and are being undertaken on both the banks of the river Ganges so as to fulfill the requirement of the day. Previously the drains and sewerages were connected to the holy river. Even at present, different drains in Haridwar town, Roorkee town are connected to the Ganges. The Haridwar Development Authority was constituted in and around the year 1986. There is a reference to another public interest litigation filed in the High Court of Allahabad to prevent the holy river from being polluted. The State of U.P. to save the holy Ganges from pollution issued Government Order dated 05.02.2000, according to which, any type of activities from the bank of the river Ganges were restricted and the said Government Order was made mild by another Government Order dated 31.07.2000 (the impugned Government Orders), according to which, the religious Math, Ashram, temples and other religious buildings, heritage buildings were exempted and were permitted the construction(s) / maintenance with certain restrictions in regard to the construction, non polluting the holy Ganges, non -felling of the drainage and sewerage in the holy Ganges and with further approval from the Water Works Department and the Development Authorities. No restriction was ever imposed with regard to the sale and purchase of the properties on both the banks of the river within the area of 200 meters. Petitioner alleged violation of Article 14 of the Constitution of India; he has further alleged contravention of Article 300A of the Constitution of India.