- (1.) LEARNED standing Counsel Js granted one month to file counter-fnidavit.
(2.) LIST in the week commencing 13th July, 1998. By means of this petition, the petitioners have prayed for mandamus directing respondents to s top construction work on the motor road from Telli Regoli to Malli Regoli in the manner and on the alignment in which it is currently being done, and for a mandamus directing can cellation of the existing survey/alignment for the constructions of the proposed road. The petitioners reside in a hill area in U. P. District Tehri Garhwal where the two villages Telli Regoli to Malli are situated close to each other. The grievance of the petitioners is that construction of the road in question will result in damage to 'village Telli Regoli where the petitioners reside because the construc tion of the 4 Km. road is being done right above Village Telli Regoli and it will result in damage to the said village as alleged in para 8 of the petition. It has been alleged in para 8 (ii) of the petition that a Committee known as Lowstu Vikas Samiti by means of a representation dated 22-3-92 ap proached the Executive Engineer, Narendra Nagar and to this representation the Executive Engineer has replied on 27-3-92 in which letter it had been stated that he had inspected the road construction alignment and agreed with the points raised in the aforesaid representation and has given assurances that modification in the alignment will be made taking into account the points raised in the repre sentation. True copy of the letter of the Executive Engineer is Annexure P-2 to the petition. However, despite this assurance the road is being constructed in the man ner mentioned above which will result in damage to village Telli Regoli. The petitioners have stated that they have no objection to a road being built according to a new alignment which will not damage the petitioners' village or cause harm to the ecology and the forests in the region. They have suggested that the road be built from Bhardharkhal which is situate just below village Telli Regoli where a motor road can be built without any bend towards any irrigated land. The Minister, Uttaranchal Vikas, U. P. wrote a letter dated 1-12-97 in this connection which was communicated on 16-12-97 to the Chief Engineer, Hill Region, P. W. D. Garhwal Mandal, (vide Annexure- 9) but no heed was paid to the same. The villagers of village Telli Regoli also wrote a letter dated 6-1-98 to the Executive Engineer P. WD. Kirti Nagar, explaining the damage which would be caused by making the road on the align ment in question, but to no avail. True copy of this letter is Annexure-P-10 to the peti tion.
(3.) IN our opinion a more sensitive approach should be adopted by the authorities in the matters relating to the hill areas of Uttar Pradesh (Uttarakhand) otherwise people living in Uttarakhand will become alienated. The people living in hill areas of U. P. are very poor but they are basically good people, and hence matters pertaining to them should be dealt with in a considerate manner taking into account the opinion and feelings of the people there. We live in a democracy and in a democracy decisions should usually be taken after discussions with the persons concerned and taking into account their feelings and opinion, rather than in a bureaucratic manner. The facts men tioned in the present case shows that a bureaucratic manner has been adopted by the respondents, and the feelings and opinion of the people of village Telli Regoli and others have not been taken into consideration. No doubt roads have to be constructed in hills also, but they should be constructed in a democratic manner taking into consideration the opinions and sentiments of the people there. Hence, on the facts and cir cumstances we restrain the respondents from constructing the road in question the felling of trees till further orders and we direct the authorities concerned to take a fresh decision regarding the site/align ment of the road after inviting the opinion of the village Pradhan of village Telli Regoli, petitioner No. 1 Udai Singh Negi, the Pradhan of village Malli Regoli and the Adhyaksha or representative of Lowstu Vikas Samiti, and the site/alignment of the road be prepared afresh after consultation and discussions between the authorities and the aforesaid persons. Copy of this order shall be given to learned Counsel for the parties on payment of usual charges within 24 hours. Order accordingly. .;