LAWS(UTN)-2019-6-24

RAKSHIT JOSHI Vs. STATE OF UTTARAKHAND

Decided On June 17, 2019
Rakshit Joshi Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The event organizer 'E-Factor Entertainment Private Limited, A-49, Block A, Sector 67, NOIDA, U.P. 201301' is impleaded, suomotu, as respondent no. 14 in the writ petition. The Garhwal Mandal Vikas Nigam, through its Managing Director, shall stand impleaded, suo-motu, as respondent no. 15. A set of papers shall be handed over by Sri. M.C. Pant, learned counsel for the petitioner, to Sri. Sandeep Kothari, learned counsel for the 15th respondent, today to enable him to obtain instructions by tomorrow.

(2.) While the petitioner claims that Auli, where this grand marriage is scheduled to be held, was the subject matter of the judgment of the Division Bench of this Court in Aali-Bedini Bagzi Bugyal Sanrakshan Samiti v. State of Uttarakhand (order in WPPIL No. 123 of 2014 dtd. 21/8/2018); and the land, where the marriage is proposed to be celebrated and on which a large number of tents have already been erected, is a part of meadow-lands, Sri. Arvind Vashisth, learned Senior Counsel appearing on behalf of the 14th respondent, would submit that the subject lands do not form part of the meadows; "Aali" village, which was the subject matter of Writ Petition (PIL) No. 123 of 2014, is situated in Tharali sub-division of Chamoli district, whereas "Auli", where the marriage celebrations are to be held, is situated in Joshimath sub-division of Chamoli district; the subject lands are not meadows; and the marriage event, being organized from 17th June to 23/6/2019, is, therefore, not covered by the order of the Division Bench in the aforesaid judgment.

(3.) The Division Bench, in its order in Writ Petition (PIL) No. 123 of 2014 dtd. 21/8/2018, issued the following directions: