The Chhattisgarh High Court dismissed a Public Interest Litigation (PIL) filed relating to illegal widening of road in Keshkal forest area.
The PIL filed with the following prayer:-
– That, the Court may kindly be pleased to issue any writ/order/direction to respondent no. 1 (State of Chhattisgarh) for quashing its impugned order dated 20.03.2023 with a direction to perform its duties in the manner prescribed by the Hon’ble Apex Court.
-That, the Court may kindly be pleased to issue any writ/order/direction to respondent no. 2 to 5 for taking immediate steps to cease and suspend any further construction work which remains in the contested area and to extirpate the illegal construction of roads.
-That, the Court may kindly be pleased to issue any writ/order/direction mandating to setup an appropriate structure to look after the functioning of the Forest & Climate Change Department, Raipur (C.G.) and to keep a check on the approvals granted by the department and prior forest/environment clearance as and when required has been obtained by the forest authorities from the Central government.
-That, the Court may kindly be pleased to issue any writ/order/direction to respondent no. 6 (Union of India), to vigilantly perform its duties and keep a check on all the activities of the Ministry of the state of Chhattisgarh for Forest, Environment & Climate Change in addition to taking strict penalizing actions against the defaulting Ministry and departments setup for conservation, protection and maintenance of the forest.
-That, the Court may kindly be pleased to issue any writ/order/direction to institute any appropriate enquiry against the respondents i.e the responsible authorities/officials who have adopted fraudulent measures and are violating the well settled provisions of the law in addition to acting negligently and irresponsibly towards the public for deriving unlawful gains under the garb of performing public duties and punish them under the relevant provisions.
The counsel for the petitioner submits that the petitioner is an agriculturist residing in Keshkal. Due to illegal widening of roads, it is causing adverse impact on the environment. Referring to the measurement book (Annexure P/9) obtained under Right to Information Act, she submits that there has been clearing and grubbing of road land i.e. uprooting wild vegetation, grass, bushes, shrubs, saplings and trees of girth upto 300 mm as per technical specifications whereas the permission letter stipulates that there shall be no felling of trees.
The petitioner has been raising his grievance with the concerned authorities from time to time but when no action was taken on his complaints, he approached the Court by filing the petition. The manner in which the widening of road has been done in the forest area of Keshkal speaks volumes about the blatant violation of the environmental clearance and arbitrariness. Hence a direction needs to be issued for conducting appropriate enquiry into the matter and punishing the erring officials.
On the other hand, the counsel for the State opposing the contention of counsel for the petitioner submits that as per petitioner’s own document , it is clear that there is no widening of road. This letter grants permission for upgradation of road within its existing width with certain conditions that there shall be no breaking of stones within forest area and that there shall be no felling of trees. The upgradation of road has been done as per the terms and conditions mentioned.
He submits that even otherwise, the present petition has been filed in the year 2023 whereas the construction work has been completed in the year 2021 itself. This petition has no substance and therefore, it is liable to be dismissed.
Considering the facts and circumstances of the case, the prayer made by the petitioner, the admitted position that the work in question has already been completed way back in the year 2021 whereas the present petition has been filed in the year 2023, the Division Bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey find no good ground to interfere in this matter at such a highly belated stage. Accordingly, the petition being without substance is hereby dismissed by the High Court.