REGISTRAR,HIGH COURT OF UTTARANCHAL,NAINITAL Vs. STATE OF UTTARANCHAL AND OTHERS
LAWS(UTN)-2001-5-8
HIGH COURT OF UTTARAKHAND
Decided on May 23,2001

Registrar,High Court of Uttaranchal,Nainital Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.)ON 16-4-2001, a news-item appeared in Hindi Newspaper “Dainik Jagran” reporting the calamity of Naini Lake. On this basis thereof, we issued notices to authorities, namely, Lake Region Special Area Development Authority, Nagar Palika Parishad, Nainital (Municipal Board), Kumaon Jai Sansthan, Public Works Department and District Administration as they have been charged with duty to maintain the lake. Various deficiencies, defects and defaults have been pointed out to them from time to time.
(2.)WE have today heard learned Advocate General, Shri Y.K. Uniyal on behalf of Lake Region Special Area Development Authority, Shri Nand Prasad Counsel for the Nagar Palika Parishad Shri M.S. Pal on behalf of President, Ghora Chalak Sewa Samiti, Ghora Stand, Malli Tal, Nainital, Shri M.M. Ghildiyal on behalf of Jal Sansthan and Shri Sanjay Kaushik, learned amicus curiae.
During the course of hearing, we noticed certain activities, which are seriously dangerous for preserving the quality and quantity of lake and its water. They have been pouring impurity into the water of the lake. We have been informed that the water of lake is the principal source for domestic consumption. We are constrained to observe that the authorities have not addressed to the problem with the desired seriousness.

(3.)WE , therefore, hereby direct the Nagar Palika Parishad, Nainital (Municipal Board) through its Executive Officer to strictly prohibit :
(a) swimming bathing and washing in the lake ; (b) horse stand and horse riding in the vicinity of the lake ; (c) passenger/tourists from carrying any eatables or drinking material while boating in the lake. Necessary check post be installed to prevent tourists/passengers from carrying any eatables or drinking material ; (d) discharge of any waste disposal of building or structure flowing in the lake ; (e) human habitation of the tribals who have erected their hutments/tents near Naini Devi temple and their morning ritual around the lake ; (f) derogatory human activities inside the lake ; (g) waste water of 'Parda Dhara' flowing into the lake.

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