AJAY SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) All these writ petitions are in the nature of Public Interest Litigation. The common factor in these petitions is that they all raise concern regarding either lack of public amenities in Nainital or have raised an issue with which the general public is concerned. The main writ petition, however, is Writ Petition (PIL) No. 31 of 2012 "Professor Ajay Singh Rawat vs. Union of India and others"?, and we shall refer to the facts of this writ petition only i.e. Writ Petition (PIL) No. 31 of 2012 in our order, except when it is specifically required. By our present order though we propose to deal with the other issues as well raised in the remaining writ petitions.

(2.) The Public Interest Litigation i.e. Writ Petition (PIL) No. 31 of 2012 has been filed by the petitioner who is a former professor of Kumaon University and a public intellectual. He has raised an important concern i.e. the unauthorized and dangerous construction activities being carried out by the builders in the "green-belt"? area of Nainital, an area which, according to him, is home to hundreds of green trees of various species and it is alleged that these illegal construction activities are not only in violation of the building laws but are also harmful to the ecology, in one way or the other. Moreover, some of these activities are being carried out in the "prohibited zones"? in the town of Nainital, a place which has been declared as geologically unstable and ecologically sensitive area.

(3.) The petitioner hence made the following prayers:-