Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4470-DB HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY
4th June, 2026
Writ Petition (PIL) No. 74 of 2026
Narayan Datt Joshi
------Petitioner
Versus
State of Uttarakhand and another
----Respondents
Presence:-
Mr. Shashank Upadhyaya, learned counsel for the petitioner. Mr. Puran Singh Bisht, learned Chief Standing Counsel, assisted by Mr. Gajendra Tripathi and Mr. B.P.S.Mer, learned Standing Counsel for the State.
----------------------------------------------------------------------------------------
JUDGMENT: (per Manoj Kumar Gupta, C.J.)
1.
The present writ petition filed in Public Interest seeks a mandamus to the respondents to construct safety railing on 2.850 kilometer road between Pahar Pani to Kalyanpur Tok and also provide parking for small vehicles on the said part of the road.
2.
According to
learned counsel for the petitioner, the road was constructed in the year 2017. Thereafter, the PWD had sent proposal to the State Government for construction of safety railing as the road is very narrow and spiral and in absence of safety wall there were chances of accidents. However, the State Government has not sanctioned the proposal sent by the PWD and is sitting over it.
3.
Learned counsel for the State has placed on 1
2026:UHC:4470-DB record the instructions received from Executive Engineer, Temporary Division, PWD, Bhawali, in which, it is admitted that the Department had sent a proposal for construction of railing on the said segment of the road on 14.03.2024. It is stated that the approval from the State Government is still awaited. It is further stated that a fresh proposal would be sent on basis of current rates within a week.
4.
In view of the stand taken by the Department, we dispose of the Writ Petition (PIL) with direction to the Department to abide by the stand taken by it before this Court and send proposal to the State Government for construction of safety railing along the road-in-question within one week from today. As soon as the proposal is received by the State Government, the State Government shall take appropriate decision on the same within next four weeks.
5.
Pending application, if any, also stands
disposed of.
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 04.06.2026 Kaushal 2