KISHORE SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Shri Niranjan Bhatt, learned counsel for the petitioners, Shri Rajeev Singh Bisht, learned counsel for the Nagar Palika Parishad, Uttarkashi (respondent no. 10), Shri B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand and Shri Vinay Kumar, learned counsel for the Uttarakhand Jal Vidyut Nigam Ltd. (respondent no. 7) and, with their consent, the writ petition is disposed of at this stage.

(2.) This writ petition is filed, in larger public interest, seeking a writ of certiorari to quash the order passed by the Additional Commissioner(Administration)/Additional Director Urban Development, Garhwal Mandal dtd. 30/10/2018, whereby a decision was taken by the respondents to take possession of the subject land; a writ of mandamus restraining the respondents from dumping garbage over the land situated in Village Kansain, Block Bhatwari, District Uttarkashi belonging to Uttarakhand Jal Vidyut Nigam Ltd.; and a writ of mandamus commanding the respondents to immediately remove the garbage which had been dumped over the land situated in Village Kansain, Block Bhatwari, District Uttarkashi, belonging to Uttarakhand Jal Vidyut Nigam Ltd.

(3.) The complaint, in this writ petition, is regarding the action of the Nagar Palika Parishad, Uttarkashi in dumping garbage, generated within its territorial limits, in Village Kansain located, beyond the territorial limits of the Nagar Palika Parishad, Uttarkashi, on land belonging to the Uttarakhand Jal Vidyut Nigam Ltd.