Satjit Singh Gulati v. State of Uttarakhand

SL. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es

2026:UHC:3665-DB COURT'S OR JUDGES'S ORDERS

1 3 .0 5 .2 026

WPPIL No. 130 of 2024 Sat j it Sin gh Gu lat i

.....Pet it ion er Vs. St at e of Ut t ar ak h and & ot h er s

....Respon den t s Hon 'ble Man oj Ku m ar Gu pt a, C.J. Hon 'ble Su bh ash Upadh yay, J.

¶1Mr. Vipul Sharma and Mr. Maneesh Bisht, learned counsel for the petitioner.

¶2Mr. Amarendra Pratap Singh, learned Additional Advocate General for the State.

¶3Mr. Atul Bhatt, learned Standing Counsel for the Union of India.

¶4Mr. Aditya Pratap Singh, learned counsel for respondent no.3.

¶5Dr. Aman Rab, learned counsel for respondent no.4 through video conferencing.

¶6Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Dharmendra Barthwal and Mr. Nitin Dahiya, learned counsel for respondent no.7.

¶7On 06.05.2026, the following order was passed in the instant public interest litigation: - "1. Mr. Vipul Sharma, learned counsel for the petitioner.

¶2Mr. B.S.Parihar, learned Additional C.S.C. for the State.

¶3Mr. Aditya Pratap Singh, learned counsel for the respondent no.3.

¶4Mr. Arman Rab, learned counsel for respondent no. 4 through V.C.

¶5Mr. Atul Bhatt, learned for Union of India.

¶6Mr. D.S.Patni, learned Senior Counsel assisted by Mr. Dharmendra Bharthwal, learned counsel for respondent no. 7.

¶7Mr. D.S.Patni, learned counsel appearing on behalf of respondent no. has raised the following preliminary objections:

(i) Petitioner is an interested person, inasm uch as, he is related to one Harjeet Chawla, who is partner of Gadarpur BioMedical Waste Treatment Facility in the name and style of M/ s Global Environm ental Solutions. According to learned counsel for respondent no. 7, the said facility at present is the only facility which is in operation in the State. Thus, the petition filed by the petitioner is a m otivated one and at the behest of a rival competitor.

(ii) The petitioner has remedy of filing appeal against the consent to establish dated 29.11.2022 under Rule 16 of the BioMedical Waste Management Rules, 2016.

(iii) The petitioner also has remedy of approaching NGT.

(iv) The petitioner has, in fact, approached NGT in similar facts and circumstances against another environmental clearance and the said matter is pending before NGT. The petitioner is thus in habit of filing cases against environmental clearances to oust competition.

¶8Learned counsel appearing on behalf of the petitioner seeks time to complete his instructions on the said aspect by tomorrow.

¶9Accordingly, the matter is adjourned for a day.

¶10Put up 08.05.2026."

¶8The petitioner has now filed an application (I A No.18 of 2026) supported by his affidavit seeking permission to withdraw the instant writ petition with liberty to approach the National Green Tribunal.

¶9The application is allowed. The writ petition is dismissed as withdrawn with liberty in term of the prayer made.

¶10Pending application, if any, also stands disposed of.

( Su bh ash Up ad h y ay , J.) ( Man oj Ku m ar Gu pt a, C.J.)

13.05.2026

13.05.2026 NI SHANT

NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=ad3fcb5ca64340f5ddtia4c574afatifd63133605ca57c dctitiec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892B C63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2026.05.14 11:10:43 +05'30'