Pet it ioner v. Union of I ndia and ot hers

As regards t he first prayer, it is needless t o say t hat t he Aut horit ies are law- bound t o com ply wit h t he direct ions em anat ing from t he Hon’ble Apex Court , t his Court and ot her Court s.

4. As regards t he second prayer, it is cont ended t hat t he Post Office is a herit age building, and t his Bench has personally visit ed t he building, which is an old wooden st ruct ure. During t he personal inspect ion by t he Bench, it was seen t hat t he int eriors have been ext ensively m odified using plywood, boards et c. and looks anyt hing but a herit age. I t is a sm all space, wherein t he post office has been est ablished.

5. As regards t he t hird and t he fourt h prayers, t he st at ues of Mahat m a and a t all leader Pt . G.B. Pant , it is cont ended t hat t he st at ue of t he Mahat m a has been placed in t he part icular spot as it was from t hat spot t hat t he Mahat m a had addressed gat hering during t he freedom st ruggle. On an inquiry, t he pet it ioners are unable t o place any m at erial in support of t heir specific cont ent ions t hat t he Mahat m a addressed t he gat hering from t hat part icular place. Reliance 3 is placed on cert ain old art icles and ext ract s from books, which do not corroborat e t he assert ion t hat t he Mahat m a addressed t he gat hering from very place where t he st at ut e is inst alled.

6. I t is t he case of t he Dist rict Aut horit ies t hat t he shift ing of t he st at ue is not t o any place far away, but it is from one edge of t he road t o t he m iddle of t he road where t he new t raffic island has been creat ed and t he dist ance is about 15 m et ers; t hat t he present locat ion of t he st at ue is occupying t he pedest rian pat hway result ing in t he t ourist s and t he pedest rians being forced t o walk on t o t he road, and t he place being a j unct ion where four roads converge, it has result ed in accident s & t raffic j am s. That apart , it is cont ended t hat t he st at ue is m ade of m ixed m et als and over t he last half a cent ury of it s exist ence, t he out er st ruct ure of it has suffered heavily and t he present sit e of t he st at ue is not com m ensurat e wit h t he st anding of Mahat m a; t hat t he st at ue requires t o be refurbished and if it is not addressed, it could result in a sit uat ion, where t he condit ion of t he st at ue of Mahat m a would go beyond cont rol and suffer irreparable dam age; t hat insofar as t he st at ue of t he legendary leader Pt . G.B. Pant is concerned, shift ing of t he sam e is int o a park, where it would allow for easy m aint enance; t hat t he allegat ion 4 t hat t he st at ues are being shift ed t o enable road widening is com plet ely incorrect ; t hat t he road is bounded on one side by t he lake and on anot her side by privat e propert ies and t he post office and, hence, t he quest ion of t here being any road widening is ruled- out in t he present scenario and; t hat what is int ended is m erely easing t he m ovem ent of pedest rians.

7. As regards t he fift h prayer, it is cont ended t hat t he ever- growing foot falls has result ed in repeat ed t raffic j am s and som et im es t he t raffic get s choked and vehicles are st randed for hours t oget her; t hat t he t raffic j am has result ed in an Am bulance get t ing st uck, and t he pat ient losing his life because of not reaching t he hospit al; t hat on anot her occasion a call of grave em ergency could not be addressed by t he hospit al because t he Am bulance could not exit t he hospit al gat e; t hat t hough all t hese issues cannot be wished away overnight and t he process being a cont inuous process, st eps in sm all m easures only can be t aken in view of t he serious space crunch t hat t he t own of Nainit al faces, m ore especially on t he Mall Road, i.e. t he road abut t ing t he lake and ot her road, and t he densit y of t he t raffic and t he t ourist populat ion is incom parable t o ot her t ourist dest inat ions and hill st at ions in view of t he t opography of Nainit al; t hat t he Nainit al does not perm it const ruct ion of wide roads. 5

8. As regards t he fift h prayer, it is subm it t ed by t he Dist rict Adm inist rat ion t hat it is for t he very said purposes t hat t he post office is now being sought t o be shift ed; t hat t he Dist rict Adm inist rat ion has put in place a syst em of ‘shut t le services’ t o pick- up t ourist s from t he parking slot s in t he out lying areas surrounding Nainit al and bring t hem int o t he t own; t hat t he area t here is sought t o be developed in a m anner t o facilit at e pick- up and drop of passengers who park t heir cars in t he out lying areas beyond t he lim it s of Nainit al t own.

9. As regards t he sixt h prayer, it is subm it t ed t hat m easures have been put in place and t he local Adm inist rat ion has im posed new increased parking rat es and ent ry rat es in order t o discourage passengers, who arrive in t heir self- driven cars or t axies and encourage t hem t o park t heir vehicles in t he designat ed parking areas lying out side t he lim it s of Nainit al.

10. As regards t he sevent h prayer, it is subm it t ed by t he Dist rict Adm inist rat ion t hat t he st eps regarding use of shut t le services and prevent t he ent ry of LMVs int o Nainit al is m ade wit h t he obj ect of im proving air qualit y also and in t hat regard also, t he shift ing of t he post office and creat ing a facilit y t he e- shut t le service t o pick- up and drop of passengers is essent ial. 6

11. As regards t he eight h prayer, it is st at ed t hat t he exercise has been done and t his Court has issued direct ions t o ident ify int ernal roads t o prevent t raffic on t he Mall Road, which is t he favourit e road of t he t ourist s, who desire a walk around t he lake.

12. As regards t he nint h prayer, it is subm it t ed by t he Dist rict Adm inist rat ion t hat beaut ificat ion is not hing but ensuring proper hygienic condit ion and rem oval of wast e garbage generat ed by t he ever increasing foot falls.

13. As regards t he t ent h prayer, it is subm it t ed by t he Dist rict Adm inist rat ion t hat t he Dist rict Adm inist rat ion has never indulged in any act , which has been in derogat ion of t he st anding of t he st ruct ures / m onum ent s of Nainit al as Herit age under t he Ancient Monum ent s and Archeological Sit es and Rem ans Act , 1958. That apart , learned Chief St anding Counsel would at t em pt t o level m ala fides behind t he pet it ion by alleging t hat t he PI L is inst igat ed by individuals and ent it ies, who own hot els and lodges in and around t he localit y and who have m ade a habit of ut ilizing t hese spot s as parking places.

14. We are of t he considered opinion t hat such allegat ions and count er allegat ions are anat hem a t o public int erest lit igat ion. 7

15. This Court st rongly believes t hat t he scope of public int erest lit igat ion is t o ensure t hat t he right s of t he cit izens are ensured by t he Aut horit ies by t he perform ance of t heir dut ies; t hat a PI L should never be adversarial in nat ure; t hat t he very nom enclat ure “ public int erest lit igat ion” suffice t o dem onst rat e t hat t he PI Ls ought t o be const rued as an int erlocut ion bet ween various st ake holders, i.e. t he cit izens, t he adm inist rat ion and t he Court s, and t he obj ect of a PI L t o be t o only rem edy a sit uat ion, whereby fundam ent ally guarant eed right of cit izens is ensured and t he direct ive principles are furt hered, and t he cause of t he societ y in general, is served. Wit h t his in m ind, t his Court proceeds t o address t his PI L.

16. This Bench has personally visit ed and inspect ed t he st at ut e of t he Mahat m a, t he post office and also t he st at ue of t he legendary leader Pt . G.B. Pant . The cont ent ion of t he Dist rict Adm inist rat ion t hat t he st at ut e of t he Mahat m a needs care and considerat ion bears m uch subst ance. During our visit , t he st at ue displayed signs of weat hering, probably on account of it s const ant exposure t o t he vagaries of weat her and t he weat her in Nainit al is as inclem ent as it can be. The m onsoons produce volum inous rains and t he wint ers present ext rem e cold weat her condit ions, where t em perat ures are in 8 single digit or on occasions, even drop below, result ing in freezing condit ion. The sum m ers are warm and cool. I t is t hese vagaries of weat her, which, in our opinion, appears t o have t aken a t oll on t he st at ue of t he Mahat m a.

17. I n t hat view, we are of t he opinion t hat t he condit ion of t he st at ue calls for im m ediat e at t ent ion. That apart , during our inspect ion, we have also inspect ed t he t raffic island in t he m iddle of t he road. Several phot ographs have also been placed before t he Court . On t he broader end of t he island, which is in elongat ed shape, a new st at ue of t he Mahat m a wit h Charkha has been inst alled and t he present st at ue is sought t o be placed at t he east ern end, which is broad enough t o accom m odat e a pedest al of t he size on which t he st at ue of t he Mahat m a is current ly inst alled.

18. I t is furt her pert inent t o st at e here t hat t he Dist rict Magist rat e, who has cont inuously assist ed t he Court on m ult iple dat es of hearing, on a query, has assured t hat a pedest al in t he sam e shape and size, as had been const ruct ed earlier, would be replicat ed on t he east ern end of t he t raffic island. The t wo st at ues of t he Mahat m a would be at t he west ern and east ern end of t he t raffic island and t hat a st ruct ure would also be erect ed, in order t o ensure t hat t he st at ue is not const ant ly exposed t o vagaries of t he nat ure 9 24X7. Phot ographs of t he post office and t he buildings, which have narrowed t he road, are also produced. The phot ograph of t he park, which is known as ‘Pant Park’, where t he st at ue of t he legendary leader Pt . G.B. Pant is t o be locat ed, is also produced. The fact t hat t he weekends and holidays see t eem ing crowds and choc- a- block t raffic is a regular phenom ena. The fact t hat t he present place where t he st at ue of Mahat m a is locat ed is on t he pedest rian passage needs no reit erat ion.

19. There being no record or proof t o dem onst rat e t hat t he st at ue has been erect ed on t he spot where, it is cont ended t hat t he Mahat m a act ually st ood and addressed t he gat hering, t his Court is of t he considered opinion t hat t he shift ing of t he st at ue by about 15 m et ers t o a m ore suit able locat ion i.e. t he t raffic island creat ed in t he j unct ion, would enable bet t er m aint enance of t he st at ut e as well. The t raffic island adds aest het ic t o t he place and t hat t wo st at ues of t he Mahat m a at west ern end and east ern end of t he t raffic island would cert ainly add grace.

20. I n t he considered opinion of t his Court , t he allegat ions of t he pet it ioner t hat t he Dist rict Adm inist rat ion is at t em pt ing t o do away wit h t he old st at ue of Mahat m a has been st out ly resist ed by t he Dist rict Magist rat e, who is present 10 before t he Court . The Dist rict Magist rat e has assured t his Court and t he pet it ioner t hat t he st at ue would only be shift ed and would be housed in an appropriat e m anner befit t ing t he st at ure of t he Mahat m a aft er necessary repairs have been carried out t o t he st at ue; t hat a pedest al, which is a replica of t he exist ing pedest al would be put up in t he east ern end of t he t raffic island and t he sam e would be carried out wit hin a short est possible t im e.

21. The st at em ent s of t he Dist rict Magist rat e are placed on record.

22. The Dist rict Magist rat e, elaborat ing furt her, would subm it t hat t he sam e is t he case wit h t he st at ue of t he legendary leader Pt . G.B. Pant and; t hat no quart er would be given and it would be ensured t hat not hing, which would derogat e from t he st at ure of t he legendary leaders, would be allowed t o be com m it t ed.

23. The fact t hat t he Bus St at ion is sit uat ed behind t he post - office, which is a t in- wood st ruct ure, is not in disput e. The fact t hat t he post - office can no m ore be cat egorized as a herit age st ruct ure is also not in doubt . The ext ensive repairs renovat ion have t o t he Post Office ( t in- wood st ruct ure) being reduced t o an ordinary st ruct ure. 11

24. I n t hat view, t his Court is of t he considered opinion, t hat t he proposal of t he Dist rict Adm inist rat ion t o shift t he st at ues of t he Mahat m a and t he legendary Pt . G.B. Pant cannot be classified as a m ala fide act ion or wit h m ala fide int ent and is proposed wit h t he int ent t o serve t he larger cause of t he public, i.e. t o ease t raffic m anagem ent and also provide walking space t o t he pedest rians, who wish t o walk around t he lake. The assurance of t he Dist rict Magist rat e t hat t he works would be t aken up on an urgent basis and com plet ed as expedit iously as possible is som et hing which t his Court ought not t o rej ect .

25. I n t hat view, t he writ pet it ion is disposed of wit h t he following direct ions: ( A) This Court perm it s shift ing of t he st at ues subj ect t o t he condit ion t hat t he st at ues shall be re- erect ed in t he designat ed locat ions wit hin a period of four m ont hs. ( B) The Dist rict Magist rat e is perm it t ed t o carry out repairs t o t he st at ue of t he Mahat m a and t he sam e shall be done in a scient ific m anner wit hout causing any dam age t o t he st at ue. 12 ( C) The Dist rict Magist rat e shall at all t im es ensure m aint enance and beaut ificat ion of t he t raffic island and t he t wo st at ues t hat are t o be inst alled t here. ( D) The local Aut horit y shall ensure regular cleaning of t he st at ues. ( E) The Dist rict Magist rat e shall subm it an act ion t aken report aft er four m ont hs.

27. The writ pet it ion st ands ordered accordingly. There shall be no order as t o cost s.

28. Pending applicat ion, if any, also st ands disposed of. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 2 nd April, 2025 Rat hour PRAVINDR A SINGH RATHOUR RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e 3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40C C6179B8E010331BA695239171F906FD5C45C4E 8, cn=PRAVINDRA SINGH RATHOUR 13