IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 71 of 2009 Manohar Lal Chaudhary & another ….…… Petitioners Versus State of Uttarakhand & others ………. Respondents Mr. Rajesh Joshi, Advocate for the petitioners. Mr. Vinay Kumar, Standing Counsel (Govt. of Uttarakhand) for respondent Nos. 1 to 3 Mr. U.K. Uniyal, Senior Advocate assisted by Mr. Sandeep Kothari, Advocate for respondent No. 5. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) By the side of lake Bhimtal, there is an open land, which is used for many public functions, where people in great number congregate from time to time. The Lake Development Authority has decided to construct a public urinal by the side of the said land. After the construction was completed, this Court noticed the complain contained in the writ petition to the effect that there is a statutory requirement not to make any construction within a distance of 30 meters from the edge of lake Bhimtal and that the construction falls within that 30 meters. The Court also noticed that there is a provision for granting exemption by the Commissioner and that the Commissioner purported to grant exemption by putting his signature on a report submitted seeking such exemption. The Court felt that the said state of affair indicates that the Commissioner did not apply his mind. The Court, accordingly, passed an order of status quo and at the same time directed the Commissioner to re-ascertain whether the circumstances do require an exemption to be granted or not. The Commissioner has complied with the order of the Court and has reapplied his mind to the request made for grant of exemption so as to enable construction of the said public urinal within 30 meters from the fringe of lake Bhimtal. The Commissioner has found that unless the public urinal is constructed and used, the dirt and filth of congregation gathering at the said public land would continue to find its way to the 2 lake. That being the finding, for a public cause, if exemption is granted by the Commissioner, there is no scope of interference. 2. The writ petition is, accordingly, disposed of. Interim order is vacated. The Lake Development Authority is directed to use the public urinal so constructed forthwith and to enure that no human waste collected at the said public land in course of public gathering finds its way to the lake. (V.K. Bist, J.) (Barin Ghosh, C.J.) 22.02.2011 22.02.2011 Aswal