Decided on April 24,2012

State of Uttarakhand and another Respondents


Barin Ghosh, J. - (1.) SUPPLEMENTARY counter affidavit has been filed by the State, wherefrom it appears that the Principal Secretary, Urban, Government of Uttarakhand has already issued an appropriate direction upon the appropriate authority to look for a land in order to accommodate not only the filth generated every day by the people residing in the town known as "Rishikesh", but also to accommodate such plant and machinery, which can do away those filth in a scientific and technical manner. From the affidavit, it appears that the State Government is conscious of the fact that permanent solution is immediately needed for 28 towns of the State, so that the filth generated by people can be permanently dealt with in such a manner that the same does not cause a health hazards for the population. We think that the present public interest litigation, accordingly, has served its purpose. It has been indicted in the counter affidavit that the report, being the precursor of the preparation of DPR to implement the said Scheme, is under preparation and, it is hoped and expected, will be made ready in the year 2012 itself. It has been indicated that the State Government is gearing up to approach the Asian Development Bank to obtain necessary finance to implement the project. We feel that, in the circumstances, petitioner has been able to highlight the public interest involved in the matter and the State Government has also shown that it has taken appropriate steps in that direction.
(2.) WE , accordingly, close the matter with the hope that the plan, initiated by the State Government in consultation with different municipalities, including the municipality of Rishikesh, will be implemented at an early date. In the event, however, no further steps are taken and the plan remains in the drawing book, it shall be open to any person representing the people, as the petitioner in the instant case did, to re -approach the Court for an appropriate direction. We also hope that soon the present dumping yard will be vacated, since the same has been earmarked for Kumbh Mella and the land to be located for the purpose aforesaid is otherwise free and dumping thereon will not cause health hazard of the people of the locality.;

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