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2025 DAILYLAW 3487 (UTT)

BHUWAN CHANDRA POKHARIA v. VANDA

CLCON/38/2024 · 2025-02-25

Manoj Kumar Tiwari

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1328 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLCON No. 38 of 2024 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Bhuwan Chandra Pokharia, petitioner present in person. 2. Mr. J.S. Bisht, learned Standing Counsel for the opposite parties. 3. Petitioner has alleged violation of order dated 14.08.2023 passed by Division Bench of this Court in WPPIL No. 127 of 2023 (Bhuwan Chandra Pokharia vs State of Uttarakhand & others). Order dated 14.08.2023, which allegedly has been violated, is extracted below:- “1. Mr. Bhuwan Chandra Pokharia, petitioner, in person. 2. Mr. C.S. Rawat, learned Chief Standing Counsel assisted by Mr. Gajendra Tripathi, learned Brief Holder for the State- respondents. 3. The petitioner, who appears in-person, has preferred this petition in public interest to highlight the flood situation created in Reserve Forest Zone of Nandhaur, Ganga, Gaula, Sukhi, Kosi, Dabka rivers, due to non-removal of silt/ debris from the said rivers by the State. 4. Mr. Rawat, who appears on advance notice, has tendered in Court a joint inspection report dated 10.08.2023, which sets out some of the works done for the purpose of dredging and channelization of the rivers. The same is no very clear, and it does not indicate as to what steps have been taken by the respondents for the purpose of dredging of the said rivers after the judgment dated 14.02.2023 of this Court in Writ Petition (PIL) No.47 of 2022, “Dinesh Kumar Chandola vs. Union of India & others”, and in compliance thereof. 5. Let the respondents file an affidavit with specific information with regard to the dredging activity undertaken by the State on its own in terms of the aforesaid judgment. 6. The same be filed within two weeks. 7. List on 12.09.2023.” 2025:UHC:1328 4. Perusal of the aforesaid order reveals that there is no positive direction issued by Division Bench to the Authorities, which may be said to be violated. 5. Learned State Counsel has produced in Court final order dated 30.07.2024 passed in WPPIL No. 127 of 2023. Para 14 of the said order, on which reliance has been placed by learned State Counsel, is extracted below:- “14. As it appears from the said report, the officials are making all attempts and therefore, at this stage, when the authorities are taking all steps, there is no useful purpose to continue this PIL. However, in future, if the petitioner is aggrieved that the directions issued vide judgment dated 14.02.2023 in WPPIL No. 47 of 2022 is not being implemented in its strict sense, then the petitioner can approach again to this Court.” 6. Para 14 of the order dated 30.07.2024 also does not contain any direction to the Authority; it simply gives liberty to the petitioner to approach the Court again, if he feels that the judgment rendered in WPPIL No. 47 of 2022 is not being implemented in its strict sense. 7. Thus, this Court finds substance in the submission made by Mr. J.S. Bisht, learned Standing Counsel for the opposite parties that no order, passed by this Court, is violated. 8. Accordingly, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged. However, petitioner shall be at liberty to invoke the liberty granted by Division Bench vide order dated 30.07.2024. (Manoj Kumar Tiwari, J) 25.02.2025 Aswal 2025:UHC:1328