GOPAL CHANDRA VANWASSI vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court


2026:UHC:4473-DB

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY

Writ Petition (PIL) No.73 of 2026
th
4 June, 2026
Gopal Chandra Vanwassi -----Petitioner


Versus

State of Uttarakhand and Others ----Respondents
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Presence:-
Mr. Maneesh Bisht, learned counsel for the petitioner.
Mr. Amarendra Pratap Singh, learned Addl. Advocate General and
Mr. Gajendra Tripathi, learned Standing Counsel for the State of
Uttarakhand.
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JUDGMENT : ( per Mr. Manoj Kumar Gupta C. J. )


1. Heard learned counsel for the parties.
2. The present writ petition has been filed
ostensibly in public interest seeking a writ of mandamus
directing the respondents to remove the constructions
being made by way of a link road and to restore the river
bed of Gomti River to its original condition. The petitioner
has also prayed for a writ of certiorari seeking quashing of
the order dated 10.03.2025 by which the State
Government accorded approval to the project for
construction of the link road.
3. The project is being undertaken by PWD with
due approval of the State Government. It would provide a
motor road linking Bageshwar to Nadi Gaon through
Amsarkot.
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4. As per the averments made in the writ petition,
the financial approval for the same project was earlier
given in the year 2016-17 and, thereafter, the length of
the road was increased and additional financial approval
for a sum of ₹750.53 lakh was given for the said purpose.
5. It is alleged that on 10.03.2025 another revised
permission for construction of the said road was granted
by the State Government and the cost of the project has
got increased to ₹830.58 which is almost 9-fold of the
earlier estimation.
6. The case of the petitioner is that the residents of
the area have raised objections to the project as it would
destroy the flora and fauna of the area and also create
obstruction in the flow of water of Gomti River.
7. Petitioner has also alleged that respondents are
using heavy machineries for construction of the road and
it is likely to prove hazardous to the residents who are
residing just above the road under construction.
8. Learned State Counsel has placed on record the
instructions received from the department. He submits
that the present petition is not a bonafide one and has
been filed with ulterior motives. He submits that the
petitioner has filed various other writ petitions also before
this Court purportedly in public interest but, according to
him, the petitioner is an extortionist.
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9. In support of his submission, he has placed on
record an order dated 15.04.2026 passed by Sessions
Judge, Bageshwar whereby his bail application arising out
of FIR No.17 of 2026 under Section 308(5) BNS, 2023 had
been rejected.
10. The first informant of the said case has alleged
that the petitioner had demanded ₹40,000/- as extortion
money and had filed audio and video recordings in support
of his version.
11. Learned State Counsel though admits that,
ultimately, in the said case, the petitioner succeeded in
obtaining bail from High Court, but his submission is that
he is misusing the PIL jurisdiction.
12. He further submits that the project is being
undertaken on the demand of the local residents to
provide a motorable road in the area. Before starting the
project, no-objection was obtained from the local
residents, beneficiaries, Ward Members/ Sabhasad and
other public representatives and a copy of the same has
also been enclosed along with the written instructions. He
has also placed before us the representations filed by the
residents of Nadi Gaon and adjoining areas requesting for
construction of motorable road to provide connectivity to
their village. He submits that the structural design and
protection works incorporated in the project were duly
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examined and vetted by the Department of Civil
Engineering, IIT (BHU), Varanasi.
13. The respondents are also stated to have carried
out various surveys and inspections while approving the
alignment of the road and, according to them, the project
was sanctioned after verifying that it would not adversely
affect the natural flow of the river. He submits that the
project is essential for upliftment and welfare of the public
of the said area and since it is a work of public utility,
therefore, on the basis of the vague assertions made by
the petitioner, unsupported by report of any expert, the
writ petition should not be entertained.
14. We find considerable force in the submission of
learned State Counsel. The material placed before us
clearly indicates that there was request by the residents of
the area for providing a motorable road so that there is
upliftment of education, health, agriculture and other
amenities in the area.
15. It further appears that the State Government,
before approving the project, carried out various studies
and obtained reports of experts. As the project is of public
importance, essential for developmental needs of the
area, and the photographs filed along with the writ
petition indicates that substantial part of the project has
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already been executed, we decline to interfere in the
matter and the writ petition is, accordingly, dismissed.
16. Pending application, if any, also stands disposed
of.


(MANOJ KUMAR GUPTA, C. J.)



(SUBHASH UPADHYAY, J.)
Dated: 04.06.2026
SS

SUKHBANT
SINGH
Digitally signed by SUKHBANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
COURT OF UTTARAKHAND,
2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd12
9a8a6380d49b1885e628615, postalCode=263001,
st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2
B7D72C42261361AED33172F152148D, cn=SUKHBANT
SINGH
Date: 2026.06.05 14:07:58 +05'30'
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