IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 12 of 2010 Prof. Ajay Singh Rawat ……… Petitioner. Versus Union of India and others. .……. Respondents. Mr. Rajeev Singh Bisht, Advocate for the petitioner. Mr. Ajay Singh Bisht, Advocate for respondent No. 1. Mr. P.C. Bisht, Advocate for respondent Nos. 2 to 6. Mr. B.D. Upadhyaya, Advocate for respondent No. 7. Date of decision: 12-04-2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble V.K. Bist, J. J.S. KHEHAR, C. J. (Oral) (CLMA No. 2019 of 2010 Delay Cond. Application) Learned counsel for the non-applicant/petitioner states, that he has no objection if the instant delay condonation application is allowed. 2. In view of the above, the instant application is allowed. Delay in filing the counter affidavit is hereby condoned. Writ Petition (PIL) No. 12 of 2010 3. Joint counter affidavit, filed on behalf of respondent Nos. 2 to 4, is taken on record, subject to all just exceptions. 4. Counter affidavit, filed on behalf of respondent No. 7 is taken on record, subject of all just exceptions. Copy thereof has been furnished to the learned counsel for the petitioner. 5. Mr. Rajesh Kumar, Executive Officer, Zila Panchayat, Champawat is present in Court in person. He has been confronted with the photographs collectively appended to the instant writ petition as Annexure-5. He has also invited our attention to an order passed by the Regional Forest Officer dated 09.02.2010 (appended to the counter affidavit, filed on behalf of respondent No. 7 as Annexure-CA-3), whereby temporary residential accommodation in tin-sheds has been allowed. It is, however, admitted, that commercial activity of the kind 2 depicted in the photographs (collectively placed on the record of this case as Annexure-5) is clearly unauthorized. Accordingly he states, that steps will be taken to stop the unauthorized commercial activity immediately and the same will be stopped within one week from today. Respondent Nos. 2 to 4 are directed to afford all assistance desired by respondent No. 7 to stop all unauthorized commercial activities in terms of the undertaking given to this Court by Mr. Rajesh Kumar, Executive Officer, Zila Panchayat, Champawat. 6. In view of the above, the instant writ petition has been rendered infructuous and is disposed of as infructuous. Needless to mention, that respondent No. 7 shall be bound by the statement given by him to this Court. The remaining official respondents shall not permit unauthorized commercial activity in the future, except when the same is approved by the competent authority in due process of law. 7. The instant writ petition stands disposed of in the aforesaid terms. (V.K. Bist, J.) (J.S. Khehar, C. J.) 12.04.2010 12.04.2010 Amit