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The Uttarakhand High Court recently directed the vice-chairman of the Mussoorie Dehradun Development Authority (MDDA) and Dehradun Municipal Corporation (DMC) to personally visit the Himalayan foothills between Doon and Mussoorie and seal all the structures that have been built on the hills in violation of the Uttrakhand Building Construction and Development Bylaws.

“…the Vice Chairman, Mussoorie Dehradun Development Authority, and the Municipal Commissioner of the Nagar Nigam, Dehradun to personally inspect the site. In case, any illegal construction is discovered, contrary to Part4.4 of the 2015 Amendments, the same shall be sealed forthwith.”

The Division Bench of Justice Raghavendra Singh and Justice Alok Kumar Verma further issued notices to the two officials along with state government and state biodiversity board and gave them the time till 26^th May, 2021 to respond to the same.

The present PIL was filed by Doon based social activist Reenu Paul. The petitioner alleged that,

“…according to Part-4.4 of 2015 Amendments made in the Uttarakhand Building Construction and Development Bylaws / Regulations, 2011, “no building will be constructed at such places where the intensity of landslide is high and continuous and where the natural slope is higher than 30 degrees”. Despite the bar contained in law, respondent Nos. 2 and 3 are permitting people to raise constructions on foothills. Such construction is per se contrary to the bar contained in Part-4.4 of the 2015 Amendments.”

The learned counsel Abhijay Negi for the petitioner contended that,

“The said policy, also known as foothills policy, mandates that the small hillocks that define the early features of the Shivalik range, are to be preserved. Moreover, the SC has held that foothills are a natural resource that need protection. Therefore, we informed the court that all throughout the Rajpur region between Dehradun and Mussoorie, the foothills have been systematically destroyed, in as much as hillocks after hillocks have been completely removed.”

The petition also said that Doon Valley is part of the “youngest and loftiest mountain belt of Himalayan origin” and falls in the high seismic zone. Also, over the past few years, incidences of landslides have gone up in the area and there is a need for planned management.

Taking into account the facts and circumstances stated in the present PIL the bench directed,

“…to take action against the illegal constructors / contractors, but strictly in accordance with law. They shall submit their report with regard to the inspection carried out, the number of illegal constructions discovered by them, with regard to the action taken by them against those, who are carrying out illegal constructions, and the status of the action taken by them against them.”

The matter will be next heard on 27^th, May 2021.

Case title – Reenu Paul v State of Uttarakhand, WPPIL No. 57 of 2021