2026:UHC:312-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPPIL/235/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Mr. Pawan Nath, learned counsel for the petitioner. 2. Mr. S.S. Chaudhary, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is a resident of Village Panyati, Tehsil Kapkot, District Bageshwar. By means of this writ petition, he has sought the following reliefs:- (i) Issue an appropriate writ, order or direction like mandamus directing the Respondents to halt all construction activities near the “Mallapani Natural Spring” until proper statutory and environmental clearances are obtained and a lawful Gram Sabha resolution is passed. (ii) Declare that the Gram Sabha resolution (Form 23) dated 01/08/2016. No. Objection Certificate” issued by the Gram Pradhan, Gram Panchayat Gainar and “No Objection Certificate” by the Van Panchayat are legally invalid; (iii) Direct the State to conduct a geological and environment impact assessment with reference to the Mallapani Natural water source and explore alternative alignments; (iv) Direct disciplinary proceedings against erring officers involved in sanctioning and executing the project based on illegal documents. 4. Learned counsel for the petitioner submits that due to ongoing construction of Duni-Sukunda Extension Motor Road, Mallapani Naula (water spring) is likely to 2026:UHC:312-DB be affected. It is submitted that it is source of water for residents of nearby villages and if it dries up, the residents would be without any water. 5. Learned State Counsel, however, submits that road construction project was sanctioned several years ago and “No Objection Certificate” from concerned Gram Sabha was also obtained in 2016. He submits that Central Government granted, in principle, approval to the road construction project on 01.05.2025 and funds were released by State Government on 04.08.2025; the tender process commenced on 23.03.2025 and the contract was awarded to the successful bidder on 12.09.2025. Thus, he submits that huge amount of public money is involved and there was a long pending demand for construction of Duni Sukanda Extension Motor Road, as it would connect four villages, i.e. Duni, Panyati, Beethi & Pokhri, which were not having road connectivity earlier. He further submits that the petitioner appears to be set-up by the contractor, who was unsuccessful in the bidding process. 6. Petitioner wants alignment of road to be changed, however, this Court, while exercising power under Article 226 of the Constitution, cannot go into the question of alignment, as it is to be decided by the domain experts. 7. Hon’ble Supreme Court has held in Umri Toopa Tratappur (UPP) Tollways Pvt. Ltd. vs. M.P. Road Development Corporation & another, reported as (2025) SCC Online SC 1569 that right to safe, well maintained and motorable 2026:UHC:312-DB roads is recognised as a part of right to life under Article 21 of the Constitution of India, it is the responsibility of the State to develop and maintain the roads directly under its control. 8. This Court is not inclined to interfere in the matter. Roads are lifeline of the country, and especially in hills, life without motorable road is very difficult. The road was constructed because of long pending demand of Villagers. The road construction work has commenced after getting clearances from Central Government and all other concerned Agencies. Petitioner wants to stall the road construction project. The grounds taken for challenging road construction work are not sufficient for granting the prayer. 9. Learned State Counsel is right in submitting that petitioner appears to have been set-up by some interested person, may be the bidder, who lost in the bidding process. 10. Thus, the writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 08.01.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.01.08 20:59:26 -08'00' 2026:UHC:312-DB