IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE CHIEF JUSTICE SHRI VIPIN SANGHI

AND

JUSTICE SHRI RAMESH CHANDRA KHULBE

Special Appeal No. 310 of 2021

Sunder Lal Lekhwar

……Appellant

Vs.

State of Uttarakhand and others ……Respondents

Presence: -

Mr. Harendra Belwal, learned counsel for the appellant.

Mr.

S.S.

Chaudhary,

learned

Brief

Holder

for

the

State/respondent nos. 1, 2, 3 and 5.

Mr. Ashish Joshi, learned counsel for respondent no.4.

Mr. Rahul Consul, learned counsel for respondent no.6.

Mr. Aditya Pratap Singh, learned counsel for respondent

no.7.

Mr. Siddhartha Sah, learned counsel for respondent no.8.

JUDGMENT (Oral: Shri Vipin Sanghi, C.J.)

No counter affidavits have been filed.

2.

Mr. Aditya Pratap Singh, learned counsel for

respondent no.7 states that his counter affidavit is ready

and the same would be sworn-in and filed in the Registry

within a day. On instructions, he states that no consent to

establish or operate the dairy is required to be obtained by

respondent no.8, since there are less than 15 cattle on the

dairy farm of respondent no.8. He, however, submits that

respondent no.8 would be bound to comply with the

provisions of Uttarakhand Anti Littering and Anti Spiting

Act, 2016.

3.

The expression “litter” is defined in Section 3(c)

to, inter-alia, include urination and defecation by pets or

humans in open. Section 3(k) defines "stable refuse" to

mean the dung or urine of horses, cattle, sheep, goats,

buffaloes, pigs, poultry or other domesticated animals and

the sweepings or refuse of drainage from any stables or

sheds for keeping horses, cattle, sheep, goats, buffaloes,

pigs, poultry or other domesticated animals. Section 4 of

the Act defines the offence under the Act.

4.

Section 5 of the said Act reads as follows:-

“(1) The Urban Local Body or Authorized Officer may

direct any person reasonably suspected of placing,

depositing or causing or allowing to place or deposit any

litter, abandoned vehicle, abandoned object or scrap

metals in any public place to remove such litter,

abandoned vehicle, abandoned object or scrap metals

from such public place to a proper place.

(2) Where such person fails to remove such litter,

abandoned vehicle, abandoned objects or scrap metals

after being directed by Urban Local Body or Authorized

Officer, the Urban Local Body shall execute such removal

to such proper place and any expenses incurred shall be

borne by such person and may be recovered as arrears

of land revenue.”

5.

Mr. Joshi, who appears for respondent no.4-

Municipal Commissioner, Municipal Corporation, District

Dehradun submits that a notice was issued to respondent

no.8 on 16.02.2021, to which the said respondent has yet

not respond.

6.

In light of the aforesaid, we dispose of the

present appeal with a direction to respondent no.8 to

comply with the provisions of the Uttarakhand Anti

Littering and Anti Spiting Act, 2016 in both letter and

spirit. We also direct respondent no.4 to strictly enforce

2

the provision of the said Act, in entire area of its

jurisdiction, including in relation to the activity of

respondent no.8, if it is found that respondent no.8 is

causing littering or committing any violation of Section 4 of

the said Act.

7.

The

appeal

stands

disposed

of

with

the

aforesaid.

________________

VIPIN SANGHI, C.J.

________________________

RAMESH CHANDRA KHULBE, J.

Dated: 7^th December, 2022

BS/SK

3