LEGAL NOTICE SERVED TO THE EXCISE COMMISSIONER, UTTARAKHAND FOR THE CLOSURE OF THE LIQUOR VEND AS IT HAS BEEN ALLEGEDLY ALLOTTED AGAINST THE FOREST ACTS, ARBITRARILY
After the brutal murder of a young boy who was handicapped at the IMFL vend at Muni Ki Reti, Rishikesh few days ago leading to massive outrage and protest demonstrations including dharna outside the vend demanding its cancellation and eviction from the religious township Rishikesh, the UKD activists have through their lawyer served legal notice to the Excise Commissioner of Uttarakhand Anuradha Pal, IAS with copies of the legal notice circulated to Secretary, Ministry of Environment and Forests at the centre, chief secretary , GOU, Principal secretary , forests department, GOU, and Principal , chief conservator of forests Uttarakhand for open violations of Forest Conservation Act 1980, Indian Forest Act 1927 and Environment Protection Act 1986 by granting illegal permission to English liquor shop at Khaara Strot, Muni Ki Reti, Rishikesh against Narendra Nagar Forests Division, ( Bhagirathi Circle ).
The legal notice has been issued by Mr. J.P. Badooni, a UKD activist resident of Raiwala, Dehradun.
The notice specifically says that since the said area is unambiguously a reserved forest area under the control and protection of the Forest Department, Government of Uttarakhand, hence, any non-forest activity, including commercial activity such as liquor sale, requires prior approval of the Central Government, Ministry of Environment, Forest and Climate Change (MoEFCC), New Delhi, under Section 2 of the Forest (Conservation) Act, 1980.
It further adds that granting permission for commercial liquor sales in a Reserved Forest area constitutes a direct violation of the following laws:
Section 3(2) of the Forest (Conservation) Act, 1980 – prohibiting use of forest land for non-forest purposes without Central Government approval;
Section 26 of the Indian Forest Act, 1927 – declaring unauthorized occupation or commercial use of Reserve Forest land as a punishable offence;
Section 5 of the Environment (Protection) Act, 1986 – empowering the Central Government to prohibit or regulate any industry, operation or process likely to harm the environment.
4.That by approving or permitting such operation, the Excise Department has acted beyond its jurisdiction and in contravention of Central Government environmental and forest conservation laws, thereby facilitating an illegal commercial activity inside a protected forest zone, which is punishable under the above provisions.
5. That this act also violates Article 48 A and Article 51 A(g) of the Constitution of India, which mandate protection of forests and environment as a fundamental duty of every State authority and citizen
6. That despite the legal prohibition, the said liquor shop has been functioning in the forest area since around the year 2000 thereby causing continuous environmental degradation, public nuisance, and violation of statutory forest protections.
It may be recalled that in view of the ongoing protest Dharna outside the liquor vend at Muni Ki Reti good number of police force is deployed outside the liquor vend to avoid any untoward situation especially after the liquor shop was sealed by some of the activists two days before.
There had been massive demonstrations at Muni ki Reti Tapovan as well as Tiraha jamming it for several hours by thousands of protestors.
The UKD, Swabhiman Sena and Congress activists are demanding the close of this liquor vend where even the former lawmaker Gopal Rawat have protested and threatened to close it by all means.
