IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                    Writ Petition (PIL) No. 117 of 2019
                                   With
         Misc. Application with Counter Affidavit No.13868 of 2019
Vivek Shukla                                              .......Petitioner
                                           Versus
Muni Chidanand & others                                           .......Respondents
Mr. Vivek Shukla, petitioner, in-person.
Mr. Vikas Pande, Standing Counsel for the State.
Mr. Aditya Pratap Singh, Advocate for the respondent no.6.

Coram: Hon'ble Ramesh Ranganathan, C.J.
       Hon'ble Alok Kumar Verma, J.

Misc. application is allowed and the counter-affidavit, filed on behalf of the seventh respondent, is taken on record.

2. In the counter-affidavit by the Executive Engineer (Irrigation Division) dated 12.10.2019 it is stated that the land (said to be in the possession of the first respondent) belongs to the Revenue Department; further construction work of the wall in question has been stopped by issuing notice dated 22.08.2019, to the Manager of the first respondent, by the Irrigation Department; and since the land belongs to the Revenue Department, all proceedings relating to demolition, if any, is to be carried out by the Revenue Department.

3. Enclosed to the counter-affidavit is a notice dated 22.08.2019, calling upon the Manager of the Parmarth Niketan Trust to remove the encroachment within three days. The three day period, stipulated in the notice dated 22.08.2019, expired on 25.08.2019 nearly three months ago. Further, this notice dated 22.08.2019 is enclosed along with the counter-affidavit dated 12.10.2019, which was filed more than a month and a half after the three day notice period expired on 25.08.2019 and, yet, the counter-affidavit dated 12.10.2019 is silent as to what action the Irrigation Department has taken to remove the encroachment. Since the Executive Engineer (Irrigation) states that the land belongs to the Revenue Department, and the demolition exercise has to be undertaken by them, we consider it appropriate to suo-motu implead the Secretary, Revenue, Government of Uttarakhand as the eighth respondent in the Writ Petition.

4. The District Magistrate, who is the in-charge of the revenue administration of Pauri Garhwal district, has been arrayed as the second respondent in the Writ Petition; and, since government land would come under his control, he is obligated to cause an inquiry and submit a report to this Court as to whether land, belonging to the Revenue Department, has been encroached upon by the first respondent; and if so, what action has been taken by the State Government/District Administration to remove such encroachments. The seventh respondent-Executive Engineer (Irrigation) shall also state, by way of an affidavit to be filed before the next date of hearing, as to what action he has taken, pursuant to the notice issued by him on 22.08.2019 to the Manager of the Parmarth Niketan Trust, though the period stipulated therein expired on 25.08.2019 nearly three months ago.

5. In its counter-affidavit, the Uttarakhand Environment Protection and Pollution Control Board states that the first respondent has not obtained consent to establish and/or consent to operate from the Uttarakhand Environment Protection and Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act. 1981, as amended, as applicable.

6. What is, however, not stated in the counter-affidavit is whether or not the first respondent was required to obtain consent to establish and consent to operate. Mr. Aditya Pratap Singh, learned Standing Counsel appearing for the Uttarakhand Environment Protection and Pollution Control Board, would submit that every establishment, which has more than twenty rooms, can only operate the establishment with the prior consent of the Uttarakhand Environment Protection and Pollution Control Board; and, if the allegations of the petitioner are true, the first respondent must then be held to be carrying on operations, though he could not have done so without obtaining prior approval of the Board.

7. Whether or not twenty rooms are being operated in the said establishment is a question of fact which the Uttarakhand Environment Protection and Pollution Control Board is required to ascertain. While Mr. Vivek Shukla, petitioner in-person, states that there are more than hundred rooms, we do not wish to proceed on the basis of these allegations alone and, instead, consider it appropriate to direct the Uttarakhand Environment Protection and Pollution 3 Control Board to cause an inspection of the premises forthwith, and to submit a report to this Court latest by 27.11.2019. In case, the first respondent is found to have violated the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act. 1981, the report shall also state as to what action the Board intends taking against the first respondent for such alleged violations.

8. The District Magistrate, Pauri Garhwal shall also cause an inspection forthwith of the said premises, and submit a report to this Court latest by 29.11.2019 as to whether or not the first respondent has encroached upon revenue land belonging to the State Government; and, if so, what action is proposed to be taken by them in this regard.

9. Post on 02.12.2019 in the daily list immediately after 'fresh admission matters'. Both the reports of the District Magistrate, Pauri Garhwal and the Member Secretary, Uttarakhand Environment Protection and Pollution Control Board shall be placed before us on that date.

10. The Executive Engineer (Irrigation) shall also explain, by way of an affidavit to be filed before 02.12.2019, as to what action he has taken pursuant to the notice issued by him on 22.08.2019.

11. Supplementary/rejoinder affidavit, if any, in the meanwhile.

12. Let a certified copy of this order be furnished to the learned counsel for the parties, today itself, on payment of the prescribed charges.

      (Alok Kumar Verma, J.)                    (Ramesh Ranganathan, C. J.)
          22.11.2019                                   22.11.2019
NISHANT