High CourtsDivision Bench(2022) 08 UK CK 0045

In Re Open Burning Of Dryoak Leaves In Nainital vs Union Of India & Others

Uttarakhand High Court · Decided on 16 August 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (PIL) No. 37 Of 2022

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Judgment

6 paragraphs · 263 words

Vipin Sanghi, CJ

1.

This Public Interest Litigation was initiated on the basis of a letter dated 24.03.2022, received from one Ms. Medha Pande, a student, Faculty of Law, Delhi University, wherein she had pointed out that in and around Nainital, dried oak tree leaves were being burnt leading to pollution.

2.

Upon registration of suo motu proceedings, notices were issued to the State of Uttarakhand, through Principal Secretary, Department of Forest, Government of Uttarakhand, Dehradun; the District Collector, Nainital, and; the Nagar Palika Parishad, Nainital through its Executive Officer.

3.

Counter-affidavits have been filed on the record by Mr. Satyaprakash Singh, Deputy Secretary, Department of Forest, Government of Uttarakhand, and by Mr. Ashok Kumar Verma, Executive Officer, Nagar Palika Parishad, Nainital, District Naintal, wherein they state that burning of oak tree leaves is not taking place, either in the forest area, or in the Nainital municipal area. According to the Nagar Palika Parishad, Nainital, District Nainital, they have created compost pits where such dried oak tree leaves are collected for composting.

4.

We take the statements of these respondents on record, and they shall remain bound by the same. The respondents shall ensure that no burning of dried oak tree leaves takes place, either in the municipal area of Nainital, or in the forest area of Nainital district. In case, any breach of this undertaking is brought to the notice of this Court, this Court shall consider taking action under the Contempt of Courts Act against those found responsible for the same.

5.

The petition stands disposed of in the aforesaid terms.