Uttarakhand HC Directs Environment Ministry's Secretary To Appear As Forest Dept Fails To Comply Directions Issued To Tackle ‘Man-Animal Conflict’

The Uttarakhand High Court has ordered the Principal Secretary, Ministry of Environment, Forest and Climate Change to appear before it in the next date as the department failed to report compliance of directions issued through a standing order by the government itself. The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal observed,

“It appears to us that the compliance affidavit has been filed only to somehow get out of the rigor of our order dated 17.04.2023, which required the Principal Secretary, Ministry of Environment, Forest and Climate Change, Government of Uttarakhand to remain personally present in case the status report were not to be filed.”

By the order dated 21.11.2022, the Court had directed the respondents to file a status report with regard to compliance of the directions issued on 27.07.2022 by the respondents themselves through a standing order, which were placed on record by the respondents, along with their counter affidavit.

The Court noted that the compliance affidavit filed by the respondents is completely silent on the status with regard to compliance of the said standing order. In the compliance affidavit, the respondents only stated that the Expert Committee has been constituted, headed by the Principal Conservator of Forest, with other nominees.

During hearing of the case, the petitioner pointed out that the said Committee repeatedly called upon the authorities to provide information with regard to action taken.

After perusing the minutes of the meeting of the committee, the Court said that despite of the decisions taken in the said Committee meetings, there is no compliance reported either before the said Committee, or before the Court in the compliance affidavit.

Thus, the Court was of the opinion that the compliance affidavit was filed in a mechanical manner just to get rid of the rigor of its order date April 17, 2023 which required the Principal Secretary, Ministry of Environment, Forest and Climate Change, Government of Uttarakhand to remain personally present in case the status report is not filed.

“In these circumstances, we direct the Principal Secretary, Ministry of Environment, Forest and Climate Change, Government of Uttarakhand to remain present before us on the next date,” the Court ordered.

It also directed the authorities to file a further status report in compliance of the order dated 21.11.2022, and explaining point by point compliance of the standing order dated 27.07.2022.

Case Title: Anu Pant v. State of Uttarakhand through Principal Secretary, Ministry of Environment, Forest and Climate Change

Case No.: WPPIL No. 74 of 2022

Order Dated: May 22, 2023

Counsel for the Petitioner: Mr. Abhijay Negi & Ms. Snigdha Tiwari, Advocates

Counsel for the Respondent: Mr. S.S. Chauhan, Deputy Advocate General

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