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2025 DAILYLAW 178453 (ALL)

GUPTA KASHI SEVA TRUST THRU. ITS SECY./MANAGING TRUSTEE RAVI PRAKASH CHAUBEY AND ANOTHER v. U.O.I. THRU. THE SECY. MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NEW DELHI AND 5 OTHERS

WPIL/1166/2025 · 2025-11-17

Arun Bhansali, Jaspreet Singh

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1166 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE JASPREET SINGH, J. 1. This petition purportedly in public interest has been filed seeking to restrain the respondents from proceeding with the proposed 17,000 MW Pump Storage Project in District Sonbhadra. 2. Allegations have been made in the petition inter-alia seeking to allege that the provisions of Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, Wild Life (Protection) Act, 1972, Ancient Monuments and Archaeological Sites and Remains Act, 1958, Forest Rights Act, 2006 and directions given by Hon'ble Supreme Court in T.N. Godavarman Thirumulpad v. Union of India and others : (2006) (1) SCC 1, Narmada Bachao Andolan v. Union of India : (2010) 10 SCC 664 etc. are being violated. 3. A perusal of the petition reveals that the same essentially is based on Minutes dated 27-28.03.2023 of the Expert Appraisal Committee for River Valley and Hydroelectric Projects, however, qua the said alleged violations, the record does not indicate that the petitioners have ever approached the concerned authorities seeking to ascertain the compliance of the said provisions, alleged to have been violated. 4. In the representation said to have been made on 09.11.2024, addressed Versus Counsel for Petitioner(s) : Abhilasha Pandey Counsel for Respondent(s) : Sri S.B. Pandey, D.S.G.I. assisted by Sri Varun Pandey, Rajesh Tiwari, A.C.S.C, Ashok Kumar Verma Gupta Kashi Seva Trust Thru. Its Secy./Managing Trustee Ravi Prakash Chaubey And Another .....Petitioner(s) U.O.I. Thru. The Secy. Ministry Of Environment, Forest And Climate Change New Delhi And 5 Others .....Respondent(s) to the Chief Justice of the High Court and it is claimed that copies whereof were sent to various authorities, except for alleging the project being against the interest of the inhabitants of the area, the same does not even refer to the requirement of compliance of certain provisions and alleged violation thereof. 5. Another representation dated 22.09.2023 sent by the Member of Parliament (Rajya Sabha), only refers to the alleged illegal mining in the area and has nothing to do with the project in question. 6. Approaching the Court based on certain study conducted by a student of B.Sc. Biotech, IIIrd Year, and alleging violation of various provisions without even approaching the authorities in this regard on an assumption that none of the provisions of the applicable laws have been complied with, cannot be countenanced. 7. The writ petition is, therefore, dismissed, leaving it open for the petitioners to take appropriate steps in accordance with law. November 17, 2025 Asheesh WPIL No. 1166 of 2025 2 (Jaspreet Singh,J.) (Arun Bhansali,CJ.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench