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B. R. GAVAI, VIKRAM NATH
In Re : T. N. Godavarman Thirumulpad – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. unauthorized construction demolished; possession taken. (Para 1 , 2 , 3) |
| 2. debate over e-rickshaws in matheran. (Para 4 , 5 , 6 , 7) |
| 3. balancing environmental concerns and resident needs. (Para 8 , 9 , 10 , 11 , 12) |
| 4. monitoring committee to address e-rickshaws and roads. (Para 13 , 14) |
| 5. various applications entertained and listed. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
ORDER :
I.A. NO.3973/2017 (ITEM NO.1)
Dr. Abhishek Atrey, learned counsel appearing for the State of Uttrakhand submits that the unauthorized construction has already been demolished and the possession of premises has been taken over by the Forest Department.
2. As such no orders are required to be passed in this application.
3. The I.A. is, accordingly, disposed of.
I.A. NOS.79569, 79576, 159670 & 159677 OF 2019, 14261 & 14262/2021, 40624 and 40599 of 2023 (ITEM NO.2)
4. Mainly two issues are involved in these applications i.e. (i) With regard to permitting the E-Rickshaws in the city of Matheran; and (ii) Laying down of paver blocks etc. on the roads in the city of Matheran.
5. Shri K. Parameshwar, learned Amicus Curiae, submits that on account of the restrictions of permitting any vehicles
The court prioritized balancing environmental preservation with residents' rights to access services in Matheran, directing a Monitoring Committee to assess development proposals.
The court held that permitting hand pulled carts violates Article 23's prohibition of forced labor, mandating a transition to e-rickshaws while considering environmental protections in an eco-sensiti....
The non-implementation of local traffic regulations constitutes a violation of administrative responsibilities, necessitating judicial intervention for enforcement.
Balancing developmental activities with environmental concerns is crucial under forest conservation laws.
Parking of vehicles must not obstruct access to properties, reinforcing adherence to legal norms established in prior judgments.
If any illegal or unauthorised constructions of the bus waiting shed are in existence, any action in this regard has to be taken by the first respondent.
Point of Law : Permitting parking of autorickshaws permanently in front of shoprooms on side of Highway is an appropriation of private right of owners of shops and houses, to have free access to High....
Authorities cannot impose a blanket ban on vehicle registrations without explicit legislative authority, as it exceeds the powers granted under existing rules.
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