Uttarakhand High Court dismisses Public Interest Litigation (PIL) seeking to espouse cause of residents of Badrinath Township facing demolition drive

Uttarakhand-High-court

The Uttarakhand High Court has dismissed a Public Interest Litigation (PIL) seeking to espouse the cause of the residents of Badrinath Township, who were allegedly facing a massive demolition drive at the hands of the state and the District Administration.

It is claimed by the petitioner that the properties of residents of the Badrinath Township were being taken over, without complying with any provision of law by the state, and people were being rendered homeless.

It was alleged that acquisition proceedings have not been undertaken under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to implement the project in relation to Badrinath Township.

The Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal find it rather puzzling to see that not a single person, whose rights are adversely affected by the so-called execution of the dream project, is before the Court.

“The petitioner is not himself affected by the ongoing project in relation to Badrinath Township, as he is a resident of Dehradun.”

The Court’s aforesaid observations have been made in the light of the submissions advanced by the Advocate General, who states that the entire project is being undertaken with the consent of the residents of Badrinath Township, and they have been adequately compensated, and also provided alternate accommodations, with which they are fully satisfied.

The petitioner claimed that the State is taking massive demolition exercise, and even deploying heavy machinery. In this regard, reliance has been placed on the photographs placed on record.

“It is obvious that if redevelopment of Badrinath Township is being undertaken, there is bound to be demolition to clear the area for redevelopment for public services. For that purpose, deployment of heavy machinery may be justified. There is no material placed before us by the petitioner, for us to infer that the ongoing activity is, in any way, detrimental to the environment of Badrinath Township”, the Bench observed.

The Bench directed the State to ensure that, while undertaking redevelopment works, all steps and measures are taken so as to ensure that there is no environmental degradation, in and around the Badrinath Township.

The post Uttarakhand High Court dismisses Public Interest Litigation (PIL) seeking to espouse cause of residents of Badrinath Township facing demolition drive appeared first on India Legal.



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