IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 85 of 2009 (PIL) Villagers of Villages Jamaria, Baluli and Vanghat, District Almora ….…… Petitioners Versus State of Uttarakhand and another ………. Respondents Mr. S.S. Yadav, Amicus Curiae for the petitioners. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand / respondents. Date of Judgment: 04.04.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J. SUDHANSHU DHULIA, J. (ORAL) This writ petition has been filed as a Public Interest Litigation by the villagers of Villages Jamaria, Baluli and Vaghat, District Almora, praying that the soil erosion near the connecting road of Village Jamaria, river Ramganga should be stopped and the State authorities be directed to take necessary steps for preventing soil erosion. Learned counsel for the petitioners has also relied upon the Government report, which is in its favour as far as the soil erosion near the concerned area is concerned. 2. On the last occasion, this Court had directed the Chief Secretary, State of Uttarakhand to apprise this Court of its stand, particularly, in view of the report, which was in favour of the petitioners. Today, the learned Addl. Chief Standing Counsel, Government of Uttarakhand has filed the letter of the Chief Secretary, which is addressed to Chief Standing Counsel, Government of Uttarakhand, in which, though the Chief Secretary accepts the report and thereby admits that there is a soil erosion, as has been contended by the petitioners, but also expresses its inability to presently check the soil erosion for lack of funds. 3. Since the Government has stated before this Court that steps to prevent the soil erosion cannot be implemented because of lack of funds, no mandamus can be issued to the Government in this regard. The writ petition is, accordingly, dismissed. (Sudhanshu Dhulia, J.) (Barin Ghosh, C.J.) 04.04.2011 04.04.2011 Amit