Rajiv Ranjan Chopra @ Bunty Chopra vs The Chief Secretary, Govt. of Uttaranchal, Dehradun and Others

Barin Ghosh, C.J.—In the Public Interest Litigation, it is the contention of the petitioner that on an open place situate in the heart of the city of Dehradun, known as Parade Ground, an attempt is being made to construct an international size stadium. It is the contention in the petition that a master-plan for the city of Dehradun is in vogue since 1982, where the land in question has been directed to be kept as an open space and, though there is provision for altering the master-plan, no step has yet been taken to alter the master-plan in order to enable conversion of the said open space into a constructed space. In the counter affidavit the State has accepted that no construction can be made on the vacant land which has been shown in the master-plan as such, without altering the master-plan. In addition to that the state has contended that the place is small for an international stadium and, accordingly, the State may not be in a position to construct a stadium of international standard at the place in question. The State in its counter affidavit has also stated that it would undertake construction of any nature on the land in question only when environmental impact clearance certificate is appropriately obtained.

In the circumstances, we dispose of the writ petition by directing the State Government not to convert the said open space into a constructed space without altering the master-plan. It goes without saying that in the event the master-plan is altered and permission is accorded to make construction on the vacant land in question, while effecting construction, the State shall abide by other laws in relation thereto, including environmental impact clearance.