Not forest land: Uttarakhand High Court dismisses PIL against construction of war memorial ‘Sainya Dham’

“Since forest authorities have inspected land and certified that it is not part of forest land, therefore, ground taken by petitioner for challenging construction of war memorial is legally unsustainable,” the order read.

Background

• Petitioner claimed to be an advocate practicing at Dehradun.
• He submitted that the state government is constructing a war memorial in the name and style of ‘Sainya Dham’ at Guniyal Gaon, Pargana Pachhuwa Doon, district Dehradun without ascertaining the true nature of land.
• It was alleged that land over which war memorial is proposed to be constructed is forest land. He therefore contended that it cannot be used for any other purpose.

Findings

• The advocate general has drawn attention to the joint survey report.
• The said joint survey was done by Revenue as well as forest authorities and it is signed by forest range officer, Raipur range and forester, Rajpur section besides revenue sub-inspector and tehsildar of concerned area.
• In the said joint inspection report, it is mentioned that land in question, over which war memorial is being constructed, is not part of forest land and, in fact, it is mentioned therein that Forest authorities do not have any objection against allotment of land for construction of war memorial.
• Having regard to facts and circumstances, no scope for interference in the matter.
• Since forest authorities have inspected land and certified that it is not part of forest land, therefore, ground taken by petitioner for challenging construction of war memorial is legally unsustainable.