TEHRI BANDH PRABHAVIT SANGHARSH SAMITI AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-1-50
HIGH COURT OF UTTARAKHAND
Decided on January 10,2012

Tehri Bandh Prabhavit Sangharsh Samiti And Another Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) HEARD Mr. Gopal Narain, Advocate for the petitioner and Mr. H.M. Raturi, Standing Counsel present for the State of Uttarakhand.
(2.) THE petitioner is a society which is agitating the cause of residents of a place called "Pratap Nagar" in district Tehri, Uttarakhand which has been affected by the construction of Tehri Dam. The residents of "Pratap Nagar" (which is a Development Block) are adversely affected with the construction of Tehri Dam and submergence of a huge land area under water, which is now the reservoir for the Dam. Inter alia, the connectivity of this small hill town with the district headquarter is thus severely affected. The residents of Pratap Nagar have thus claimed compensation from the Central Government. Since this was not being done, they have earlier filed a writ petition being Writ Petition (M/S) No. 1198 of 2010 which was disposed of by a learned Single Judge of this Court vide order dated 15.7.2010 with the directions to the State Government to take a decision on the recommendations of the District Magistrate/Rehabilitation Director in accordance with law. Consequently, in compliance of the order dated 15.7.2010 passed by a learned Single Judge of this Court, the State Government has forwarded the matter to the Central Government and the Central Government which is Secretary, Energy, Government of India, New Delhi has to take a final decision on the grievance of the petitioners. The State Government in its counter affidavit has more or less reiterated this aspect and stated that the grievance of the petitioners has to be finally redressed by the Central Government and an order to this effect has also been annexed to this effect both with the writ petition as well as counter affidavit, which is letter dated 11.1.2011 passed by the Principal Secretary, Irrigation, Government of Uttarakhand.
(3.) SINCE the matter has to be finally decided by respondent no. 4 i.e. the Secretary, Government of India, writ petition is disposed of with the direction to respondent no. 4 to decide the matter, as expeditiously as possible but definitely within a period of ten weeks from the date a certified copy of this order is produced before him.;


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