2025:UHC:6312-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 2ND APRIL, 2025 WRIT PETITION (PIL) No. 13 OF 2025 Dr. Uma Bhatt …..Petitioner Versus Union of India and others. …Respondents Counsel for the petitioner : Mr. M.S. Pal, learned Senior Counsel assisted by Mr. D.S. Mehta and Ms. Medha Pande, learned counsel. Counsel for the respondents. : Mr. Lalit Sharma, learned Standing Counsel for the Union of India. Mr. C.S. Rawat, learned Standing Counsel with Mr. J.C. Pande, learned Standing Counsel for the State of Uttarakhand. Mr. Sandeep Kothari, learned counsel for respondent No. 6. JUDGMENT : (per Sri G. Narendar, C.J.) Heard Mr. M.S. Pal, learned Senior Counsel on behalf of the petitioner and Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. J.C. Pande, learned Standing Counsel for the State of Uttarakhand. 2. Petitioners have prayed for a slew of directions, which are as under:- “i) issue a writ, order or direction in the nature of mandamus to direct the respondent authorities to comply with all judicial orders issued by Hon’ble High Court and Apex Court with regards to the conservation / protection town of Nainital. 2025:UHC:6312-DB 2 ii) issue a writ, order or direction in the nature of mandamus to direct the respondent authorities to stop the demolition of the building of Post Office situated at Tallital, Nainital, for the purpose of construction of a parking / road widening for facilitating traffic flow. iii) issue a writ, order or direction in the nature of mandamus to direct the respondent authorities to stop the shifting plans of statue of Mahatma Gandhi situated at Tallital, Nainital, for the purpose of construction of a parking / road widening for facilitating traffic flow. iv) issue a writ, order or direction in the nature of mandamus to direct the respondent authorities to stop the shifting plans of statue of Pt. G.B.Pant situated at Mallital, Nainital, for the purpose of construction of a parking / road widening for facilitating traffic flow. v) issue a writ, order or direction to direct the respondent authorities to make parking lots in the periphery of Nainital and introduce shuttle buses to pick and drop passengers from there, so that the influx of vehicles to Nainital can be reduced. vi) issue a writ, order or direction to direct the respondent authorities to determine carrying capacity of the Nainital town and regularly update it. vii) issue a writ, order or direction to direct the respondent authorities to regularly measure the Air Quality Index of Nainital. viii) issue a writ, order or direction to direct the respondent authorities to identify the narrow roads and prohibit plying of vehicles in these roads and ensure the walking space in every road and ensure the safety and convenience of pedestrians. ix) issue a writ, order or direction to direct the respondent authorities to stop the administration to waste the money in the name of beautification of Nainital. x) issue a writ, order or direction to direct the respondent authorities to declare all important historical structures / monuments of Nainital as 2025:UHC:6312-DB 3 Heritage according to the Ancient Monuments and Archeological Sites and Remains Act, 1958. xi) issue any other appropriate relief in facts and circumstances of the matter. xii) Award costs of this Petition to the Petitioner.” 3. As regards the first prayer, it is needless to say that the Authorities are law-bound to comply with the directions emanating from the Hon’ble Apex Court, this Court and other Courts. 4. As regards the second prayer, it is contended that the Post Office is a heritage building, and this Bench has personally visited the building, which is an old wooden structure. During the personal inspection by the Bench, it was seen that the interiors have been extensively modified using plywood, boards etc. and looks anything but a heritage. It is a small space, wherein the post office has been established. 5. As regards the third and the fourth prayers, the statues of Mahatma and a tall leader Pt. G.B. Pant, it is contended that the statue of the Mahatma has been placed in the particular spot as it was from that spot that the Mahatma had addressed gathering during the freedom struggle. On an inquiry, the petitioners are unable to place any material in support of their specific contentions that the Mahatma addressed the gathering from that particular place. Reliance 2025:UHC:6312-DB 4 is placed on certain old articles and extracts from books, which do not corroborate the assertion that the Mahatma addressed the gathering from very place where the statute is installed. 6. It is the case of the District Authorities that the shifting of the statue is not to any place far away, but it is from one edge of the road to the middle of the road where the new traffic island has been created and the distance is about 15 meters; that the present location of the statue is occupying the pedestrian pathway resulting in the tourists and the pedestrians being forced to walk on to the road, and the place being a junction where four roads converge, it has resulted in accidents & traffic jams. That apart, it is contended that the statue is made of mixed metals and over the last half a century of its existence, the outer structure of it has suffered heavily and the present site of the statue is not commensurate with the standing of Mahatma; that the statue requires to be refurbished and if it is not addressed, it could result in a situation, where the condition of the statue of Mahatma would go beyond control and suffer irreparable damage; that insofar as the statue of the legendary leader Pt. G.B. Pant is concerned, shifting of the same is into a park, where it would allow for easy maintenance; that the allegation 2025:UHC:6312-DB 5 that the statues are being shifted to enable road widening is completely incorrect; that the road is bounded on one side by the lake and on another side by private properties and the post office and, hence, the question of there being any road widening is ruled-out in the present scenario and; that what is intended is merely easing the movement of pedestrians. 7. 7. As regards the fifth prayer, it is contended that the ever-growing foot falls has resulted in repeated traffic jams and sometimes the traffic gets choked and vehicles are stranded for hours together; that the traffic jam has resulted in an Ambulance getting stuck, and the patient losing his life because of not reaching the hospital; that on another occasion a call of grave emergency could not be addressed by the hospital because the Ambulance could not exit the hospital gate; that though all these issues cannot be wished away overnight and the process being a continuous process, steps in small measures only can be taken in view of the serious space crunch that the town of Nainital faces, more especially on the Mall Road, i.e. the road abutting the lake and other road, and the density of the traffic and the tourist population is incomparable to other tourist destinations and hill stations in view of the topography of Nainital; that the Nainital does not permit construction of wide roads. 2025:UHC:6312-DB 6 8. As regards the fifth prayer, it is submitted by the District Administration that it is for the very said purposes that the post office is now being sought to be shifted; that the District Administration has put in place a system of ‘shuttle services’ to pick-up tourists from the parking slots in the outlying areas surrounding Nainital and bring them into the town; that the area there is sought to be developed in a manner to facilitate pick-up and drop of passengers who park their cars in the outlying areas beyond the limits of Nainital town. 9. As regards the sixth prayer, it is submitted that measures have been put in place and the local Administration has imposed new increased parking rates and entry rates in order to discourage passengers, who arrive in their self-driven cars or taxies and encourage them to park their vehicles in the designated parking areas lying outside the limits of Nainital. 10. As regards the seventh prayer, it is submitted by the District Administration that the steps regarding use of shuttle services and prevent the entry of LMVs into Nainital is made with the object of improving air quality also and in that regard also, the shifting of the post office and creating a facility for the e-shuttle service to pick-up and drop of passengers is essential. 2025:UHC:6312-DB 7 11. As regards the eighth prayer, it is stated that the exercise has been done and this Court has issued directions to identify internal roads to prevent traffic on the Mall Road, which is the favourite road of the tourists, who desire a walk around the lake. 12. As regards the ninth prayer, it is submitted by the District Administration that beautification is nothing but ensuring proper hygienic condition and removal of waste garbage generated by the ever increasing foot falls. 13. As regards the tenth prayer, it is submitted by the District Administration that the District Administration has never indulged in any act, which has been in derogation of the standing of the structures / monuments of Nainital as Heritage under the Ancient Monuments and Archeological Sites and Remans Act, 1958. That apart, learned Chief Standing Counsel would attempt to level mala fides behind the petition by alleging that the PIL is instigated by individuals and entities, who own hotels and lodges in and around the locality and who have made a habit of utilizing these spots as parking places. 14. We are of the considered opinion that such allegations and counter allegations are anathema to public interest litigation. 2025:UHC:6312-DB 8 15. This Court strongly believes that the scope of public interest litigation is to ensure that the rights of the citizens are ensured by the Authorities by the performance of their duties; that a PIL should never be adversarial in nature; that the very nomenclature “public interest litigation” is suffice to demonstrate that the PILs ought to be construed as an interlocution between various stake holders, i.e. the citizens, the administration and the Courts, and the object of a PIL ought to be to only remedy a situation, whereby fundamentally guaranteed right of citizens is ensured and the directive principles are furthered, and the cause of the society in general, is served. With this in mind, this Court proceeds to address this PIL. 16. This Bench has personally visited and inspected the statute of the Mahatma, the post office and also the statue of the legendary leader Pt. G.B. Pant. The contention of the District Administration that the statute of the Mahatma needs care and consideration bears much substance. During our visit, the statue displayed signs of weathering, probably on account of its constant exposure to the vagaries of weather and the weather in Nainital is as inclement as it can be. The monsoons produce voluminous rains and the winters present extreme cold weather conditions, where temperatures are in 2025:UHC:6312-DB 9 single digit or on occasions, even drop below, resulting in freezing condition. The summers are warm and cool. It is these vagaries of weather, which, in our opinion, appears to have taken a toll on the statue of the Mahatma. 17. In that view, we are of the opinion that the condition of the statue calls for immediate attention. That apart, during our inspection, we have also inspected the traffic island in the middle of the road. Several photographs have also been placed before the Court. On the broader end of the island, which is in elongated shape, a new statue of the Mahatma with Charkha has been installed and the present statue is sought to be placed at the eastern end, which is broad enough to accommodate a pedestal of the size on which the statue of the Mahatma is currently installed. 18. It is further pertinent to state here that the District Magistrate, who has continuously assisted the Court on multiple dates of hearing, on a query, has assured that a pedestal in the same shape and size, as had been constructed earlier, would be replicated on the eastern end of the traffic island. The two statues of the Mahatma would be at the western and eastern end of the traffic island and that a structure would also be erected, in order to ensure that the statue is not constantly exposed to vagaries of the nature 2025:UHC:6312-DB 10 24X7. Photographs of the post office and the buildings, which have narrowed the road, are also produced. The photograph of the park, which is known as ‘Pant Park’, where the statue of the legendary leader Pt. G.B. Pant is to be located, is also produced. The fact that the weekends and holidays see teeming crowds and choc-a-block traffic is a regular phenomena. The fact that the present place where the statue of Mahatma is located is on the pedestrian passage needs no reiteration. 19. There being no record or proof to demonstrate that the statue has been erected on the spot where, it is contended that the Mahatma actually stood and addressed the gathering, this Court is of the considered opinion that the shifting of the statue by about 15 meters to a more suitable location i.e. the traffic island created in the junction, would enable better maintenance of the statute as well. The traffic island adds aesthetic to the place and that two statues of the Mahatma at western end and eastern end of the traffic island would certainly add grace. 20. In the considered opinion of this Court, the allegations of the petitioner that the District Administration is attempting to do away with the old statue of Mahatma has been stoutly resisted by the District Magistrate, who is present 2025:UHC:6312-DB 11 before the Court. The District Magistrate has assured this Court and the petitioner that the statue would only be shifted and would be housed in an appropriate manner befitting the stature of the Mahatma after necessary repairs have been carried out to the statue; that a pedestal, which is a replica of the existing pedestal would be put up in the eastern end of the traffic island and the same would be carried out within a shortest possible time. 21. The statements of the District Magistrate are placed on record. 22. The District Magistrate, elaborating further, would submit that the same is the case with the statue of the legendary leader Pt. G.B. Pant and; that no quarter would be given and it would be ensured that nothing, which would derogate from the stature of the legendary leaders, would be allowed to be committed. 23. The fact that the Bus Station is situated behind the post-office, which is a tin-wood structure, is not in dispute. The fact that the post-office can no more be categorized as a heritage structure is also not in doubt. The extensive repairs and renovation have led to the Post Office (tin-wood structure) being reduced to an ordinary structure. 2025:UHC:6312-DB 12 24. In that view, this Court is of the considered opinion, that the proposal of the District Administration to shift the statues of the Mahatma and the legendary Pt. G.B. Pant cannot be classified as a mala fide action or with mala fide intent and is proposed with the intent to serve the larger cause of the public, i.e. to ease traffic management and also provide walking space to the pedestrians, who wish to walk around the lake. The assurance of the District Magistrate that the works would be taken up on an urgent basis and completed as expeditiously as possible is something which this Court ought not to reject. 25. In that view, the writ petition is disposed of with the following directions: (A) This Court permits shifting of the statues subject to the condition that the statues shall be re- erected in the designated locations within a period of four months. (B) The District Magistrate is permitted to carry out repairs to the statue of the Mahatma and the same shall be done in a scientific manner without causing any damage to the statue. 2025:UHC:6312-DB 13 (C) The District Magistrate shall at all times ensure maintenance and beautification of the traffic island and the two statues that are to be installed there. (D) The local Authority shall ensure regular cleaning of the statues. (E) The District Magistrate shall submit an action taken report after four months. 26. The writ petition stands ordered accordingly. 27. There shall be no order as to costs. 28. Pending application, if any, also stands disposed of. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 2nd April, 2025 Rathour PRAVINDR A SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e 3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40C C6179B8E010331BA695239171F906FD5C45C4E 8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.07.22 17:06:37 +05'30'