AI Structured Summary
Not yet generated for this judgment
Judgment
Sudhanshu Dhulia, J
Rejoinder affidavit filed on behalf of the petitioners today in the Court is taken on the record.
Petitioner no. 1 is a private limited company which is a part of Thapar Group of Companies and the petitioner no. 2 is a member of Thapar Family.
Petitioner no. 2 who has a “farmhouse” on the left bank of river Ganges in District Pauri Garhwal, which according to the petitioners is not accessible by road and the only way to reach the said farmhouse is by crossing river Ganges by boat. Therefore, the petitioner no. 2 sought permission from the forest department for using a Jet Boat in order to get access to her farmhouse. This permission has been denied by the forest authorities.
Hence the present writ petition.
The reasoning given in the impugned order dated 16.11.2015 is that such a permission cannot be granted as there are orders of the Government of India, Ministry of Forest and Environment not to allow any mechanized boat on the river.
Another averment of the petitioners is that in any case, previously the petitioners were using the jet boat since the year 1995. They have been stopped from using the Jet Boat recently in the year 2015 by the order dated 16.11.2015 passed by the Divisional Forest Officer (respondent no. 3).
Hence, the petitioners have sought not only quashing of the said order, but have also sought a writ of mandamus commanding the respondent authorities to grant permission to the petitioners to use the mechanized Jet Boat for crossing the river Ganges in order to get access to the said farmhouse.
Counter affidavit of the State respondents is on the record according to which the respondents have relied upon a letter dated 28.8.1998 issued by the Ministry of Forest and Environment, Government of India. Perusal of the said letter reveals that use of any kind of mechanized boat is prohibited in the river Ganges, particularly for private activities. On the basis of this letter, petitioners have been prohibited from using their Jet Boat.
Respondent authorities have also relied upon a study made by the Wildlife Institute of India on the river Ganges wherein it has been said that such use of the mechanized boats will also endanger wildlife of the river. Moreover, the place where the mechanized boat is being sought to be used is also one of the richest sectors of Ganga River Basin as it is the home to 56 species of the fishes, many of them are threatened species.
In view of this Court, there are extremely justified reasons, based on studies, for denying permission for use of mechanized Jet Boat. There is no reason for any kind of interference in the matter.
The writ petition is hereby dismissed.
In order to prevent the misuse of Jet Boat, the District Magistrate shall take a written undertaking from petitioner no. 2 that she shall shift the boat from the river basin of river Ganges, immediately, failing which the District Magistrate shall take all appropriate action under the law, including the seizure of the property in accordance with law.